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SC cancels Hasan Ali bail, ED gets four-day custody - Printable Version

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SC cancels Hasan Ali bail, ED gets four-day custody - SRK - 03-18-2011

The Supreme Court on Thursday cancelled the bail granted to Pune businessman Hasan Ali Khan in a money-laundering case and granted the Enforcement Directorate (ED) four-day custody.

The apex court cited “extraordinary circumstances” of the case in staying the order of Mumbai Principal Sessions Judge M L Tahaliyani on March 11 granting bail to the 53-year-old businessman and denying the ED his custody for interrogation.

A Bench of Justices B Sudershan Reddy and S S Nijjar observed that it was “deeply disturbed” at the manner in which the trial court judge had rejected the ED’s contention and granted bail while giving a lengthy order for it.

The apex court initially remanded Khan in ED’s custody for 72 hours but extended it to four days when a plea was made by Solicitor General Gopal Subramanium.

“The way the proceedings were conducted, we are deeply disturbed,” the Bench observed, while staying the trial court’s order and wondered, “Why has the learned judge written so much?”

“The order passed by the learned judge has created an extraordinary situation which may ultimately frustrate the entire investigation. Having regard to the extraordinary situation, complexity of the issue and the magnitude of the case, we deem it fit to stay the order,” the Bench said in its order.

The order was passed after the ED moved the apex court against the Mumbai court’s rejection of its plea for custodial interrogation.

Meanwhile, late on Thursday night, Ali surrendered before the ED in Mumbai.

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