Pune businessman Hasan Ali Khan, who was arrested by the Enforcement Directorate on Monday night for stashing $8 billion (approximately Rs 36,000 crore) in a Swiss bank, was remanded in the custody of the Enforcement Directorate for a day on Tuesday.
Khan was produced before ML Tahliyani, the principal judge at the sessions court. Tahliyani said the matter should have been taken up before a magistrate and adjourned the day’s proceedings until Wednesday morning.
“If I come to the conclusion that this court does not have the power [to decide on Khan’s custody] then the ED will have to approach a magisterial court for further custody,” Tahliyani said.
He directed the agency to ensure that Khan is kept at their office for the night and not in the Azad Maidan lock-up.
The court also allowed Khan home-cooked food and medicines.
The prosecution and defence failed to convince the sessions court that it had the jurisdiction to decide on Khan’s custody.
Public prosecutor Niti Punde argued that since Khan has been charged under the Prevention of Money Laundering Act, the sessions court as a special court was empowered to conduct the proceedings.
The court, however, was not convinced.
Earlier in the day, Khan was taken from the Azad Maidan lock-up to JJ hospital at Byculla for a medical check after he complained of stomach ache. After five hours of examination and tests at the hospital, he was rushed to sessions court at 3.30pm.
Khan told reporters waiting outside the hospital that he was innocent. “I am being framed under a political conspiracy,” he said.
A visibly tired Khan also told the court that he was innocent. “I want to tell you what happened to me last night,” he said, and went on to talk about how he was suffering from cirrhosis and diabetes.
The prosecution assured the court that medical aid would be provided to Khan if the need arises.