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
 

Keep Current with Bar & Bench

Bar & Bench 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!

PDF

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

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

21 Sep
BREAKING: OPIndia, Indic Collective Trust and Upword Foundation seek to intervene in the @SudarshanNewsTV case in SC. Asks whether its constitutionally permissible for SC to judicially legislate a new species of impermissible speech,
namely Hate Speech? @OpIndia_com @jsaideepak Image
Plea says assuming the authority finds nothing objectionable with the content under the applicable law, does any statute or the Constitution itself permit Constitutional Courts to step into the shoes of the State to restrain the broadcast of such content? #SupremeCourt
In the backdrop of the #UPSC_Jihad case, "neither morals nor laws can or must be laid down in vacuum. After all, they do not operate in vacuum and must, therefore, be informed
by experience."
@jsaideepak @SudarshanNewsTV @indiccollective @upword_
Read 5 tweets
21 Sep
Dᴀʏ 5 Sᴜᴘʀᴇᴍᴇ Cᴏᴜʀᴛ ʜᴇᴀʀɪɴɢ- 'UPSC Jɪʜᴀᴅ' ᴄᴀsᴇ

Justice DY Chandrachud led three-judge bench will resume hearing plea seeking stay on @SudarshanNewsTV 's #UPSC_Jihad case. Petitioners to press for continuation of injunction

#SupremeCourt
@SureshChavhanke Image
The hearing resumes after Senior Adv Shyam Divan made detailed submissions on Sept 18 detailing the nexus between @zakatindia and terror linked charitable trusts etc thereby justifying their claim of how it is "UPSC Jihad"
Meanwhile, Zakat Foundation of India has moved Supreme Court to intervene and provide clarification on charges leveled against it by Sudarshan News. @zakatindia claims that the show is nothing but and deep rooted malaise against Muslims @SureshChavhanke
Read 70 tweets
18 Sep
Justice Hosbet Suresh Memorial Lecture to be delivered by former Chief Justice of Delhi High Court, Justice AP Shah, today at 6 PM.

Justice Hosbet Suresh will be posthumously conferred with the Dr. Asghar Ali Engineer Lifetime Achievement Award, 2020.
Justice AP Shah will deliver a lecture on "The Supreme Court in Decline: Forgotten Freedoms and Eroded Rights"
The event will be Chaired by SCBA President, Senior Advocate Dushyant Dave.
Read 73 tweets
18 Sep
Delhi High Court begins hearing petitions concerning violence at broke out at Jamia Millia Islamia in December last year.

#AntiCAAProtests #JamiaViolence

@delhipolice @jmiu_official

Petitions listed before Chief Justice DN Patel and Justice Prateek Jalan.
ASG Aman Lekhi continues his submissions on behalf of Delhi Police.

ASG Lekhi argues against the Petitioner's plea ro tranfer investigation from @DelhiPolice, says courts have a limited say in matters of investigation.
You will have to satisfy us as to what happened to the complaints that were made against Delhi Police: Justice Jalan

I have not addressed this issue yet. I will deal with it: ASG Lekhi
Read 64 tweets
18 Sep
Sᴜᴅᴀʀsʜᴀɴ TV Hᴇᴀʀɪɴɢ ᴛᴏ Rᴇsᴜᴍᴇ
《Live Thread》

Justice DY Chandrachud led bench will hear the plea challenging @SudarshanNewsTV 's #UPSC_Jihad program at 12 pm. Senior Adv Shyam Divan for channel will argue to vacate the earlier injunction order

#SupremeCourt
Earlier the top court had injuncted @SureshChavhanke from airing the program detailing about how Muslims were infiltrating UPSC services. Sudarshan News claims the show is about the illegal foreign funding tied to terrorist linked organizations in minority UPSC coaching centres
Senior Adv Shyam Divan for @SudarshanNewsTV will begin arguments today citing how the injunction order needs to be vacated in view of freedom of press and speech.

Petitioners maintain the show disturbs communal harmony in the country and unjustly targest the largest minority.
Read 154 tweets
17 Sep
1/n (Thread) What exactly did @SudarshanNewsTV submit before SC to prove that there exists a "UPSC Jehad"?

So, @zakatindia is the organization that trains Muslim candiates for UPSC exams

Sudarshan TV claims ZFI recieved donation from Madina Trust UK
2/n @SudarshanNewsTV
claims Dr.Zahid Ali Parvez, Trustee, Madina Trust is also a trustee with the Islamic Foundation. The Times, UK had reported that two Islamic Foundation trustees were on the UN sanctions list of people associated with Taliban and Al-Qaeda.
3/n ZFI has also recieved donations from  Muslim Aid (UK). Affidavit says
as per Mr.Sam Westrop, Director of Middle East Forum’s Islamist Watch, Muslim Aid, UK has repeatedly been found involved with a number of terror networks. @zakatindia
Read 6 tweets

Did Thread Reader help you today?

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

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!

Follow Us on Twitter!