Mumbai, August 31, 2026: The special PMLA court has allowed the plea filed by Aakif Nachan, arrested for his alleged links with ISIS, to have his lawyer present while officials of the ED question him about money laundering and terror finances. The court, however, said that his lawyer can be at a visible distance but not at hearing range.
ED had obtained permission to question Nachan and 18 other accused arrested by NIA for their alleged links with ISIS modules. ED is probing the financial links between the accused and money laundering.
Nachan Seeks Lawyer’s Presence
Nachan had approached the special PMLA court for permission to have his advocate present during his interrogation by officers of the ED. He claimed that the officers had visited him in prison to record his statement.
Nachan, however, told them that he was not in a position to answer their questions without understanding the legal provisions of the PMLA.
The officers of the ED asked him to give his written statement about the above contention, and he immediately handed over a written letter to the officers. Subsequent to that, he moved a plea seeking the presence of his lawyer.
ED Opposes Plea
ED, however, opposed the plea, contending that a statement recorded under the PMLA has to be voluntary, uninfluenced and free from any external interference. If the advocate is allowed to remain present, he will be tutored by his advocate.
The court hearing this held that the accused can have the presence of the advocate of his choice, present at the time of recording his statement under the PMLA by the officers of the ED, but such advocate shall not interfere in the proceedings being conducted by such officers. The advocate can remain present but beyond the hearing range but within visible distance.
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“The presence of the advocate should be beyond hearing range so that there should not be any interference in the proceedings of the ED,” the court has said, allowing Nachan's plea partly.
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