M A I N   N E W S

Probe Hasan for terror links: SC
R Sedhuraman/Legal Correspondent

New Delhi, March 8
Investigations against Pune-based businessman Hasan Ali Khan should also cover the aspects of terrorism and threat to national security, besides money laundering and tax evasion, the Supreme Court directed the government today.

“I am entirely on the same page. Even the possibility of a case, let me be blunt, under the Prevention of Corruption Act” would also be explored, Solicitor-General Gopal Subramanium assured the Bench comprising Justices B Sudershan Reddy and SS Nijjar.

The Bench also asked the Solicitor-General as to why the case relating to Hasan Ali holding several forged passports should not be handed over to the CBI since the probe was very lax on this aspect. “The investigation is going on for several years. Do you think it will be appropriate to entrust the passport case with the CBI,” the court wanted to know.

At this, the Solicitor-General sought time to consult the government on the issue. At the outset, the Solicitor-General submitted a status report to the court on the arrest of Hasan Ali by the Enforcement Directorate yesterday and clarified that he would file two more status reports within 10 days, one by the ED and the other by the Income Tax Department.

Hasan Ali’s arrest has come in the wake of a harsh comment from the Bench at the last hearing on March 4. “What the hell is going on in this country,” the court had remarked, pointing out that the accused had remained at large despite inquiries for the past four years. The Solicitor-General reassured the court that the “momentum” the investigations had attained following the directives of the Bench would be maintained at any cost.

Beginning his submissions, Gopal Subramanium made a startling revelation that he had gone through the reports on the investigations and found that “the concerns of the court were completely justified. I advised the arrest of this person (Hasan Ali) and this has been done”. Not only this, the investigation had been brought under the direct supervision of the ED Director himself.

Earlier, the court had wondered how could a person who had filed income tax returns showing his income at Rs 15 lakh have stashed huge amounts in secret bank accounts in Switzerland and other countries.

Today, the court also wanted to know the nature of investigations carried out by four ED officials who had been taken off the case and sent back to their respective cadre. “If they had done the correct job, why don’t you keep them?” the court said. The Solicitor-General said he would look into this and advise his clients to restore them, if necessary.

The Solicitor-General also assured the court that he would advise the ED to “co-opt officers from other agencies” in order to maintain the momentum.

Arguing for the PIL petitioners, senior counsel Anil Divan expressed fear that Hasan Ali might meet the same fate as Ashutosh Asthana, prime accused in the PF scam relating to the Uttar Pradesh judiciary, who was found dead in judicial custody. “It is important to ensure that nothing happens to him.”

Divan said Hasan Ali would open up and give all details relating to the wealth held by him. And for this, he could be given “immunity” on the lines of the steps taken by the United States to unearth black money.

The petitioners also sought the setting up of a special investigation team (SIT) to handle black money cases. The petitioners include former Law Minister Ram Jethmalani, former Punjab police chief KPS Gill and former Secretary General of the Lok Sabha Subhash Kashyap.

The Bench, however, clarified that it had already conveyed its “concerns” to the government. The petitioners’ plea would be considered in the light of the affidavits that would be filed by the ED and the Income Tax Departments in 10 days, it said.

Remanded in ED custody
Shiv Kumar/TNS

Mumbai, March 8
Businessman and alleged hawala operator Hasan Ali Khan who was arrested by the Enforcement Directorate (ED) at his house in Pune last night was produced in a court this afternoon.

Judge ML Tahiliyani, Principal Sessions Judge, remanded Khan in one-day custody of the Enforcement Directorate before adjourning the matter over the issue of jurisdiction. According to the Judge, the matter should have been heard by a magistrate.

However, public prosecutor N Punde and defence counsel IP Bagadia said as per the provisions of the Prevention of Money Laundering Act, a special court was empowered to conduct proceedings and hence Judge Tahiliyani had the jurisdiction.

The court will take up the matter again on Wednesday.

Shortly after he was produced in the court, Khan submitted that he wanted to retract the confession made before the investigators of the Enforcement Directorate.

Khan was brought to Mumbai in the wee hours today and subjected to continuous interrogation at the offices of the Enforcement Directorate. Ali, who was taken for a medical check-up shortly after his arrest, complained of uneasiness after which he was rushed to JJ Hospital in South Mumbai. Doctors declared him fit after a three-hour medical examination.

He was brought to the court in a wheelchair as he complained of dizziness, sources said.