Post

How to get URL link on X (Twitter) App

On the Twitter thread, click on or icon on the bottom
Click again on or Share Via icon
Click on Copy Link to Tweet
Paste it above and click "Unroll Thread"!
More info at Twitter Help

Bar and Bench

@barandbench

Aug 28, 2019 • 31 tweets • 16 min read • Read on X

Scrolly

@dir_ed

INX Media: Hearing in the Supreme Court on P Chidambaram's petition for anticipatory bail in case registered by the Enforcement Directorate begins.

Solicitor General Tushar Mehta begins to make the submission for the agency.

#INXMedia
#PChidambaram
@dir_ed
@PChidambaram_IN

Every PMLA offence has two dimensions - predicate offence and laundering. Money laundering is a separate offence independent from the predicate/scheduled offence, Mehta.

#INXMedia
#PChidambaram

We would be dealing with very intelligent people. A stupid man cannot launder money. Money laundering requires layers and layers of concealment, Mehta

#INXMedia
#PChidambaram

These offences leave a money trail which needs to be tracked and the evidence is difficult to collect, Mehta

#INXMedia
#PChidambaram

Most of the evidence is in the form of electronic format and within minutes of it being publicised or put before the Court, it will be gone, Mehta

#INXMedia
#PChidambaram

This is why evidence cannot be shared till the prosecution complaint (chargesheet in CrPC parlance) is filed, Mehta

#INXMedia
#PChidambaram

Money laundering is independently a criminal offence, Mehta

#INXMedia
#PChidambaram

The statute stipulates the procedure of presenting the evidence to the adjudicating officer in a sealed cover, Mehta

#INXMedia
#PChidambaram

Many of the official records that the ED receives are from other countries as India is apart of a global statutory network against money laundering, Mehta

#INXMedia
#PChidambaram

There are provisions for attachment of overseas assets also and in this case also, we have attached properties abroad, Mehta

#INXMedia
#PChidambaram

As on date laundering is going on, laundering is an offence. Money laundering is a stand alone offence, Mehta

#INXMedia
#PChidambaram

Statute states that there must be a reason to believe based on matetial in possession and such reasons to be recorded by the adjudicating authority in cases of money laundering, Mehta

#INXMedia
#PChidambaram

As a prosecuting agency, we have reached the stage of power to arrest, Mehta

#INXMedia
#PChidambaram

The threshold before arresting is much higher as under PMLA than under IPC. Only specified officers can make the arrest after reasons are recorded in writing. All ingredients of Article 20 are covered, Mehta

#INXMedia
#PChidambaram

Mehta summarises procedure under PMLA for arrest

-Only the Director authorised can arrest
-based on reasons to believe an offence is committed
-reasons to be recorded in writing
-based on material in possession
-evidence submitted to adjudicating authority in sealed cover

The evidence should be kept with an independent body and the evidence can be supplied to the accused only after chargesheet is filed, Mehta

#INXMedia
#PChidambaram

Mehta reading out provisions of the PMLA in relation to the evidence and sealed envelope

#INXMedia
#PChidambaram

The material in possession is sacrosanct and I cannot use it arbitrarily till chargesheet is filed and cannot serve to the other side till then according to the statue, Mehta

#INXMedia
#PChidambaram

It's not done for "humiliation, humiliation, humiliation" as Mr Singhvi said yesterday but only for prevention, prevention, prevention with capital P, Mehta

#INXMedia
#PChidambaram

Overseas banks have given some specific inputs regarding properties, companies etc. We have issued letters rogatory (LR), we have got some, we are awaiting some, Mehta

#INXMedia
#PChidambaram

At this stage if the Court intervenes, it will be preventing us from exercising our statutory right to arrest, Mehta

#INXMedia
#PChidambaram

I request the court to grant my material an exclusion from the accused at this stage of investigation. Evidence copy cannot be shared with the accused before filing chargesheet, Mehta

#INXMedia
#PChidambaram

Mehta says evidence cannot be shared with accused before filing of chargesheet.

Sibal interjects that he never made the case that accused should be given access to evidence but he should be confronted with it.

#INXMedia
#PChidambaram

Justice Banumathi reminds Mehta that case made on P Chidambaram's behalf was inky that the Court should not be presented with evidence that has not been used to confront the accused.

#INXMedia
#PChidambaram

Mehta: ADM Jabalpur was cited...

Sibal: But, I never made the case that I should be given access to evidence, only said it should be put to me.

Mehta: Dr Singhvi made that argument. This is what happens when two counsel argue for 1 client

Sibal: Both our arguments were same

This is not a witch-hunt as alleged. We have evidence in our possession and it is cogent evidence, Mehta

#INXMedia
#PChidambaram

I'm going a step further to satisfy the Court's conscience as regards authenticity of the documents, Mehta

#INXMedia
#PChidambaram

Mehta hands over a substantially large compilation of case laws to the Court and is reading out precedents to support his argument against disclosure of evidence to the accused ahead of filing of a chargesheet.

#INXMedia
#PChidambaram

I'm going a step further and request the Court to peruse not just the case diary but also material on record, Mehta

#INXMedia
#PChidambaram

SG Tushar Mehta also cites the Supreme Court's judgment in the #BhimaKoregaon case on a petition filed by Romila Thapar and Ors. Mehta points out that in that case too, the case diary was places before the Court.

#INXMedia
#PChidambaram

Bench rises for the day.
Solicitor General Tushar Mehta to continue his arguments on behalf of the ED tomorrow at 11.30AM

#INXMedia
#PChidambaram

• • •

Missing some Tweet in this thread? You can try to force a refresh

This Thread may be Removed Anytime!

Twitter may remove this content at anytime! Save it as PDF for later use!

More from @barandbench

Bar and Bench

@barandbench

Jul 28

#SupremeCourt begins hearing the batch of petitions challenging the reinstatement of the three-year minimum practice requirement for recruitment to the post of Civil Judge (Junior Division)

Senior Advocate Pinky Anand: if this happens then good people will not enter the profession. Women will not come.

We have suggestions... Selected candidates undergoing training for the post of Civil Judge may be attached, for a specified period, to designated Senior Advocates, Government Pleaders, Advocates General, Standing Counsel, and Assistant Legal Aid Defence Counsel under the Legal Aid Defence Counsel (LADC) Scheme, 2022.

A similar system has been adopted in Germany, where a candidate aspiring to judicial office must complete a university law degree followed by preparatory training under Section 5b of the German Judiciary Act, 1932. The training lasts for two years and includes placements in civil courts, criminal courts, public prosecution offices and other legal institutions.

At present, State Judicial Academies follow different induction and training systems. There is a need for a uniform national training framework, either through the National Judicial Academy or a permanent committee headed by the Chief Justice of India as ex officio Chairperson, to continuously develop and standardise training modalities for the subordinate judiciary.

We have also suggested reforms in legal education, including:

Optional, structured six-month practice modules during the three-year and five-year law degree programmes;

Specialised degree courses for judicial aspirants to identify, train and expose them to high-quality judicial education from the university stage itself. One such example is the BA LL.B. (Adjudication and Justicing) programme offered by an MNLU.

It is imperative that this issue is flagged. Ultimately, the merit, competence and ability of a Civil Judge are of concern to both the Bar and the Bench.

Accordingly, it is suggested that Civil Judges (Junior Division) be provided scholarships, administrative leave for higher legal education and specialisation, both in India and abroad, as well as opportunities for exchange programmes, placements and deputation.

Sr Adv Anand: We have to bring the judges at the correct age.

Sr Adv Colin Gonsalves: Our compilation demonstrates that the three-year practice requirement is not necessary. I also deal with the expansion of judicial academies. By 2026, almost every State, barring a few smaller ones, has a full-fledged State Judicial Academy. The time is therefore ripe to train judges after they graduate from law schools. Instead, we are sending fresh graduates back into litigation for three years.
Then there is an an article by a former Director of the National Judicial Academy. In paragraph 13, he recommends replacing the three-year practice requirement with a mandatory, intensive induction training programme.
The compilation also addresses judicial education in collaboration with universities. It refers to the University of Virginia model and, subsequently, the French model, both of which emphasise collaboration between judicial academies and universities.
Another suggestion is to adopt experiential learning from the very beginning through legal aid work, clerkships and internships, coupled with continuous evaluation, accountability mechanisms and holistic judicial training.
The compilation also sets out the views of the National Law Universities. I believe the learned Amicus' presentation may not have fully reflected them. ...National Law Universities and leading law schools across the country consistently recommend against retaining the three-year practice rule.
Now on deal with judicial vacancies. Higher Judicial Service examinations continue to witness a significant number of vacancies across the country. The data also shows that only around 20% of graduates from National Law Universities enter litigation. The experience of the NLUs is that retaining the three-year practice requirement discourages graduates from leading law schools from opting for judicial service.
The compilation also refers to a speech by former Chief Justice N.V. Ramana, where he observed that very few graduates from National Law Schools are interested in joining litigation.

Read 7 tweets

Bar and Bench

@barandbench

Jul 25

Supreme Court judge Justice Ujjal Bhuyan in his key note address at the Justice G.P. Singh 4th Memorial Lecture at the National Law University at Bhopal said:

Though I am a part of the Supreme Court, I am an insider. I am critical of the functioning of the Supreme Court to a great extent, and I don't mince my words. Perhaps for this reason, some are not happy, but leave it at that.

#JusticeUjjalBhuyan #SupremeCourt

Justice Bhuyan: In a span of over 25 years, this university has established itself as a center of learning and excellence. It has done commendably well, for which the faculty and the students deserve all the praise. But one word I would like to put in: This university has done exceptionally well, there are many universities which are doing well. The question is, where do Indian universities stand today on a global comparison? Why is it that people with means, the first thing they do is to send their students, to send their children abroad? Why? We need to ask this.

#JusticeUjjalBhuyan #SupremeCourt

Justice Bhuyan: The other day I was invited by another National Law University for the induction program of the new batch of students. I requested the university that "Allow the students to be themselves, encourage their inquisitiveness."
Students should be encouraged to question. Unless we question, unless students question, they will only be parroting the texts, and they will become like a captive audience.
Captive audience, I say, when a high court judge speaks, the district judges are there, the district judiciary, the judges of the tribal judiciary are there and they are not questioned. Everything is being asked or everything being said is being lapped up. So our students need to be critical, need to question, including the judiciary.

#JusticeUjjalBhuyan #SupremeCourt

Read 31 tweets

Bar and Bench

@barandbench

Jul 23

Sonam Raghuvanshi case: Supreme Court to shortly resume hearing the State of Meghalaya’s plea seeking cancellation of the bail granted to Sonam by the High Court.

Bench: Justices MM Sundresh and PB Varale

Sonam is accused for the murder of her husband Raja Raghuvanshi during their honeymoon last year. She was granted bail by a trial court, which was upheld by the High Court.

Read here:

barandbench.com/news/litigatio…

On the last hearing, the top court suggested Sonam to surrender while the trial court records evidence of key prosecution witnesses.

Read here:

barandbench.com/news/litigatio…

Read 23 tweets

Bar and Bench

@barandbench

Jul 20

Delhi High Court to hear the appeal filed by Gitanjali Angmo, wife of activist Sonam Wangchuk, challenging a single judge order rejecting her plea to discharge Wangchuk from Safdarjung Hospital and transfer to Medanta Hospital.

The matter is listed before Chief Justice DK Upadhyaya and Justice Tejas Karia.

From the government's side, Solicitor General of India Tushar Mehta, ASG Chetan Sharma and standing counsel Ashish Dixit will appear.
Senior advocate Akhil Sibal is likely to appear on behalf of Angmo.

Read 41 tweets

Bar and Bench

@barandbench

Jul 20

Can a law graduate be denied enrollment as an advocate merely because there is a pending criminal case against them? Supreme Court hears

Bench: Justices Vikram Nath, Sandeep Mehta and R Mahadevan

The case concerns KR Sudersan, a Chartered Accountant by profession who also completed his law degree. When he applied to enroll as an advocate, the Bar Council of Tamil Nadu and Puducherry rejected his application. The Bar Council cited a pending criminal case against him involving Section 120B (criminal conspiracy) read with Section 420 (cheating) of the Indian Penal Code (IPC).

The Bar Council's rejection was rooted in a 2017 judgment by the Madras High Court. That order had directed Bar Councils to prevent the enrollment of law graduates with pending criminal cases. It was intended to be a "temporary measure" to keep people with criminal backgrounds out of the profession until the legislature amended the laws.

Read 8 tweets

Bar and Bench

@barandbench

Jul 20

Supreme Court hears plea by Delhi Police against Delhi High Court’s decision to allow Devangana Kalita, an accused in the Delhi riots conspiracy case, to inspect the unrelied documents in malkhana - a secure storage room or warehouse inside a police station where physical evidence and seized properties are stored.

Bench: Justices Aravind Kumar and Vipul M Pancholi

ASG SV Raju (for Delhi Police): inspection is not warranted. She is not entitled to any documents till the charges are framed. What is the purpose of inspection at this stage? This is unrelied upon documents. I’ve got extracts of judgements on this point. Only prosecution documents are to be looked at.

Raju: please have a look at the Sarla Gupta judgement. Trial starts after charges are framed. Before commencement of trial they have no right to inspect. Trial has not started now. Suppose she is discharged, where’s the question of inspection?

Read 8 tweets

Support us! We are indie developers!

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

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

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

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Share this page!

Enter URL or ID to Unroll

Bar and Bench

Try unrolling a thread yourself!

More from @barandbench

Bar and Bench

Bar and Bench

Bar and Bench

Bar and Bench

Bar and Bench

Bar and Bench

Did Thread Reader help you today?

Don't want to be a Premium member but still want to support us?

Send Email!