A Delhi court on Thursday dismissed the bail application of Kashmiri separatist leader Shabbir Shah in a money laundering case related to alleged terror funding in Kashmir, saying the prosecution cannot be blamed for delay on account of Covid-19. Special Judge Dharmender Rana, meanwhile, directed the Enforcement Directorate to expedite the trial.
The trial would have been swiftly concluded by now but because of the pandemic Covid-19 and the suspended functioning of the courts, the trial is taking some time. However, prosecution cannot be blamed for delay on account of such catastrophe. ‘Ultra posse nemo obligatur’, i.e. No one is obligated beyond what he is able to do, the judge said.
According to the prosecution, in August 2005 case, the special cell of Delhi police had arrested one Ahmed Wani, an alleged hawala dealer, claiming that Rs 63 lakh were recovered from Wani, of which Rs 52 lakh were allegedly to be delivered to Shah. According to the prosecution, Wani had claimed that he had given Rs 2.25 crore to Shah.
The ED had later registered a case under the Prevention of Money Laundering Act (PMLA) against Shah and Wani in 2007.
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