A Lucknow court on Monday denied bail to Siddique Kappan in a money laundering case.
Prosecution's case against Kappan
In its submission before the court, the ED contended that the Kerala journalist is a member of the Popular Front Of India and is allegedly involved in hatching a criminal conspiracy in collusion with one K A Rauf Sherif and co-accused Atikur Rehman. The prosecution had previously stated that Kappan was directly involved in the use of proceeds of crime for his visit to Hathras. The allegations against him point toward to use of funds to incite communal violence in Hathras. ED has claimed that the said funds were transferred to the bank account of co-accused Atikur Rehman from the bank account of Ahammed Shibbili PK on the instructions of K A Rauf Sherif.
Kappan has been behind bars since his arrest in October 2020. While Supreme Court has granted him bail in another case against him, he continues to be in jail for his alleged involvement in the money laundering case. Kappan's lawyers have rebutted the ED's claim and countered the allegations by calling it a false narrative.
Proceeds of Crime
Section 3(2) of the Prevention of Money Laundering Act lays down a widely worded definition of the term proceeds of crime."Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering."
While knowledge and possession of the proceeds of crime seem to be ingredients for drawing a nexus between money laundering and proceeds of crime, Kappan in his defence had before the court that no proceeds of crime is attributed to him in the present case. However, the Lucknow court sided with ED's submissions and did not find it a fit case for grant of bail.
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