New Delhi [India], July 28 : The Delhi High Court issued notice to the Enforcement Directorate (ED) on the plea of Bilquies Shah, wife of Kashmiri separatist leader Shabir Ahmad Shah. She has sought the quashing of a money laundering case against her.
Justice Sanjeev Narula issued a notice to the ED and sought a reply. The matter has been listed for hearing on September 26, along with the petition of Mohd. Aslam Wani.
Advocate M S Khan appeared for Bilquies Shah. She has moved a petition through advocate Qausar Khan for the quashing of the money laundering case.
ED had filed a supplementary charge sheet against her in 2021. This case was registered in 2007. In this, Shabir Ahmad Shah and Mohd. Aslam Wani are also accused in this case.
It is stated that in 2021, a complaint was filed against co-accused Bilquies Shah, and since then, the matter has been pending for arguments on the charge qua her.
It is further mentioned that on November 15, 2017, charges were framed against the co-accused
Mohd. Aslam Wani and other co-accused Shabir Shah by the Patiala House Courts, New Delhi.
Thereafter, the matter was put up for Prosecution Evidence, and to date, only four witnesses have been examined out of the 33 witnesses in the First Complaint, the plea stated.
It is also stated that petitioner Bilquies Shah was never arrested in the present case, and a supplementary chargesheet against her was filed without arrest.
The role attributed to the petitioner is that she, along with her husband, co-accused Shabir Shah, received an amount of Rs 2.08 crore from co-accused Mohd. Aslam Wani, the plea said.
It is alleged that the accused Mohd. Aslam Wani, in his statements recorded under section 50 PMLA, had stated that all the amounts were in cash and were handed over to Shabir Ahmed Shah and on three occasions, to the Petitioner.
It is submitted that at present, the case is pending for framing of charge qua the Petitioner since 21.12.2021. It is pertinent to mention that around 25 days have elapsed on arguments on the charge qua the petitioner
before the Trial Court.
It is also submitted that the statements recorded under Section 50 of the PMLA, particularly those given by co-accused Mohd Aslam Wani, do not mention the petitioner, Bilquies Shah.
Jurisprudence underscores that statements under Section 50 PMLA have limited probative value unless corroborated by independent evidence, the plea said.
It is further submitted that for attracting the offence of Money Laundering, there has to be proceeds of crime derived or obtained as a result of criminal activity.