, 34 tweets, 28 min read
My Authors
Read all threads
#PChidambaram
Hearing begins in the bench of Justices Bhanumati and Bopanna
Sr Adv Kapil Sibal says that application for summoning the copy of the transcript of interrogation has been submitted
#PChidambaram
Abhishek Manu Singhvi arguing. Says interrogation transcript should given to the court. Sealed cover note saying he was evasive is not evidence
#PChidambaram #INXMediaCase
@Singhvi cites ADM Jabalpur judgment on preventive detention and raises the issue of ex parte communication with the bench without telling the detenu
@singhvi The only way to show PC was not cooperating by showing the questions put to him and the responses. If the transcripts show that he isn't cooperating and answering important questions then they have a case
#PChidambaram #INXMediaCase
@singhvi ADM Jabalpur judgment is generally considered bad law. It took an extreme view on curtailing liberties, but even that judgment to a stand against ex parte communication : Singhvi @DrAMSinghvi
#PChidambaram #INXMediaCase
@singhvi @DrAMSinghvi Singhvi raises argument of retrospective application of criminal law. Case is based on sections included in the schedule after the alleged crime has occured : Singhvi @DrAMSinghvi @PChidambaram_IN
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN These offences were scheduled under PMLA in 2009. The alleged transaction took place in 2007 : Singhvi
@DrAMSinghvi @PChidambaram_IN
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN Singhvi citing judgments to show rights under Arts. 20&21 cannot be suspended, even in war
@DrAMSinghvi
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN Singhv reiterate that certain sections in the FIR did not exist as offences when the alleged crime took place
@DrAMSinghvi @PChidambaram_IN
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN You try and paint a person as a kingpin when those offences did not exist at the time?, asks Singhvi
@DrAMSinghvi
#PChidamabaram
@singhvi @DrAMSinghvi @PChidambaram_IN Impugned order relies heavily on a distorted perception of evasion : Singhvi
@DrAMSinghvi @PChidambaram_IN
#PChidamabaram
@singhvi @DrAMSinghvi @PChidambaram_IN Twin factors that have weighed (for the HC judgment) are evasion and gravity : Singhvi
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN On evasion- every question has been answered. As long as I'm present and answering questions, you cannot say you must answer or keep giving an answer till you answer what I want : Singhvi
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN Singhvi cites Magna Carta as a basic principle that needs to be revisited. SG interjects and says I agree on principle but we need not go back to the Magna Carta for a 438 application
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN There is no concept of evasion as long as I'm present : Singhvi
#PChidamabaram
@singhvi @DrAMSinghvi @PChidambaram_IN Bench rises. Hearing to continue post lunch
#PChidamabaram
@singhvi @DrAMSinghvi @PChidambaram_IN Bench assembles. Hearing resumes in #PChidambaram bail case. @DrAMSinghvi continuing
#INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN The best and only test of gravity is what the legislature in its wisdom prescribed, and that is punishment. Not what a judge thinks subjectively. It is what legislature has prescribed. The more grave the offence, the greater the punishment : Singhvi
#PChidambaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN Gravity is subjective. For some a grave offence might be something, for others it may not. Gravity depends on the statute. CrPC considers Punishment of 7 years or more, life and capital punishment as grave. The punishment in these cases is less than 7 years : Singhvi
@singhvi @DrAMSinghvi @PChidambaram_IN By repeatedly using the word grave or gravity in its judgment, the HC is only adding a subjective adjective : Singhvi
#PChidamabaram #INXMediaCase
@singhvi @DrAMSinghvi @PChidambaram_IN The case of father and son are identical, except of course, they deal with 2 different human beings. Same case, same transaction, same allegations : Singhvi
SG interjects and says their roles are different. It is not the same case.

J Bhanumati asks whether transactions and allegations are same.

AMS- yes, identical

#PChidambaram #INXMediaCase
Brings attention to HC order on Karti's bail, which was based on the same transaction.
I'm not saying grant father anticipatory because son got bail, but it refers to the same transaction.
SG- regular bail (refering to Karti's bail)
AMS- yes, Karti's regular bail
#PChidambaram
Singvhi refers to the order granting bail to @KartiPC
"It records that there is nothing to suggest that any of the 6 (FIPB) officers said that they were approached by him or received any bribes"
#PChidambaram
@KartiPC The HC order states that pre arrest bail should be cancelled by parliament in high profile cases. So high profile accused don't have part 3 rights? : Singhvi
#PChidambaram
@KartiPC For denying bail there must be a triple test- non cooperation, flight risk and tampering of evidence. None of these factors present in the case : Singhvi
#PChidamabaram #INXMediaScam
@KartiPC "Only point of custody here is humiliation, humiliation humiliation. All letters of humiliation in capitals" : Singhvi
@DrAMSinghvi
#PChidamabaram
@KartiPC Tampering of documents could have been done by vanishing them if one wanted. FIR in 2017, so Tampering is not possible : Singhvi
@KartiPC Citing judgment in Nikesh Tarachand Shah, @DrAMSinghvi says SC declared S 45(1) of PMLA unconstitutional. The grounds for that were that the section imposed 2 conditions for bail which were found to be violative of Arts. 14 and 21
@KartiPC @DrAMSinghvi SG seeks to argue tomorrow in one go. "Instead of arguing for half an hour today and continuing tomorrow, I request to start tomorrow itself and conclude same day"
#PChidambaram
@KartiPC @DrAMSinghvi Sibal tells court that two applications have been filed by them. One is seeking interrogation transcripts to be placed on record. Second is an additional affidavit against order of CBI remand, wherein the extension is challenged
#PChidambaram
@KartiPC @DrAMSinghvi SC allows SG to commence arguments at 2pm tomorrow
@KartiPC @DrAMSinghvi Sibal tells the bench that they forgot to add, in yesterday's order, that findings should not influence other courts in this matter
#PChidambaram
Missing some Tweet in this thread? You can try to force a refresh.

Enjoying this thread?

Keep Current with Live Law

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!