Every PMLA offence has two dimensions - predicate offence and laundering. Money laundering is a separate offence independent from the predicate/scheduled offence, Mehta.
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
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
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
-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
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
It's not done for "humiliation, humiliation, humiliation" as Mr Singhvi said yesterday but only for prevention, prevention, prevention with capital P, Mehta
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
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
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.
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.
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.
Scenes from the Delhi High Court after the declaration of Delhi High Court Bar Association (DHCBA) election results. Senior Advocate N Hariharan has been elected as the President of DHCBA.
Senior Advocate N Hariharan secured 2,967 votes and won by a margin of 87 votes. Senior Advocate Kirti Uppal came second with 2,880 votes.
The other two candidates - Senior Advocate Abhijat garnered 1,429 votes and Senior Advocate Vivek Sood garnered 339 votes.
Senior Advocate N Hariharan after winning the elections.
#Breaking Bombay High Court has overturned a Family Court decision that denied the request to waive the statutory cooling-off period for the divorce of cricketer Yuzvendra Chahal and Dhanashree Verma under the Hindu Marriage Act.
#BombayHC #YuzvendraChahal
A bench of Justice Madhav Jamdar has also directed the family court to decide the divorce petition by tomorrow considering Chahal's participation in the upcoming IPL
The couple that got married in December 2020 was living apart since June 2022.
#SupremeCourt to shortly deliver judgment on this significant issue
The court to hand down verdict in the suo motu case concerning visually impaired in judicial services
The genesis of the case lies in the rules governing judicial appointments in Madhya Pradesh which contained discriminatory language that prevented blind individuals from becoming judges.
This exclusion was challenged after a mother, whose visually impaired child aspired to the judiciary, wrote to the court, leading to a court-initiated public interest litigation.
Justice R Mahadevan: we have treated it as the most important case. We have touched upon constitutional framework also and institutional disability jurisprudence...
#SupremeCourt to shortly hear plea by Ranveer Allahabadia and Ashish Chanchlani in the case over remarks made in #indiasgotlatent show
Allahabadia and Chanchlani were protected from arrest in the last hearing
@BeerBicepsGuy
Dr Abhinav Chandrachud: We have moved an application. We are seeking lifting of one part of the order which refrained him from airing his shows etc. He has no sense of humour at all.. but he has 280 employees and it is his livelihood. It can be ordered that let no profane words be uttered.
SG: this is an isolated case. It is not vulgar but it is perverse. I saw the show also out of curiosity.. humour is one thing, vulgarity is one thing, and perversity is another level. Leave alone man and woman.. me and AG cannot see it together. The judges cannot see it together. Let him stay quiet for sometime .. Assam called him. He did not come.
Supreme Court to hear plea by Ranveer Allahabadia challenging multiple FIRs filed against him after he made certain remarks on India's Got Latent show
@BeerBicepsGuy #SupremeCourt #Indiasgotlatent
Dr Abhinav Chandrachud: Petitioner has got death threats.. 5 lakh reward for cutting his tongue. Former wrestler says he should not be spared in any party we meet him. All for a 10 second clip.
Are you defending the language used: Justice Surya Kant
Dr Chandrachud: As an officer of the court I am disgusted at the language used.
SC: so what are the parameters of obscenity and vulgarity. In the society which has some self evolved values and when we behave within those parameters we want to know what are the parameters of Indian society According to the petitioner.
Supreme Court hears the plea by Association of Democratic Reforms
CJI Sanjiv Khanna: what is this for ?
Adv Prashant Bhushan: we are Seeking that the procedure which ECI needs to adopt as per supreme Court judgment is in consonance with their standard operating protocol. What we want is that somebody should examine the software and the hardware of the EVMs in order to see if the software and hardware has any element of manipulation or not
CJI: Once votes are counted the paper trails are taken out or it's still there
Bhushan: they should maintain the paper trail
Sr Adv Devadatta Kamath: I appear for Sarva mitter. The entire data was wiped out. the evms on which polling was done should be tested.
CJI: to be done within seven days.. and the machine could be as per candidate choice and the burnt memory could be checked and verified.
Sr Adv Kamath: dummy units are checked not real ones. Here a fresh poll is being conducted and 40,000 being spent for verifying and checking each machine and the payment is to be by the candidate and then it's just a mock poll!