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.
#SupremeCourt hears plea by BRS President and former Chief Minister K Chandrashekar Rao challenging the Telangana High Court's decision to dismiss his petition against a commission formed by the state government
Sr Adv Mukul Rohatgi: Plain case of political vendetta. Every time the government changes there is a case against the former chief minister
CJI DY Chandrachud: we will clarify that by calling it judicial enquiry they cannot take it outside the scope of the commission @TSwithKCR
Rohatgi: you cannot fix responsibility in a fact finding commission. This was for approval of tariff ..there was a power crisis and thus state bought power from state of chhatisgarh and thus the PPA needed approval from Chhattisgarh state commission and Telangana state commission.
Supreme Court DISMISSES plea by Deputy CM of Karantaka DK Shivakumar to quash CBI's disproportionate assets case against him under provisions of Prevention of Corruption Act, 1988.
A bench of Justices Bela Trivedi and Satish Chandra Sharma heard the matter.
Trivedi J: How High Can stay the sanction order granted by government? This is unheard of.
Senior Adv Rohatagi (for Shivakumar): That is withdrawn already.
Trivedi J to State: That is different thing but how High Court can grant such order?
Senior Adv Rohatagi (for Shivakumar): We are on a new question, the ground is this court has held that if the predicate offence is only conspiracy, it cannot be a stand alone offence and it has to be added by some other offence as well. I am questioning the FIR lodged by CBI which is completely illegal. I am not on any part by ED. I am on the FIR dated 3.10.20 under PC Act by CBI. Section 17A which has come in 2018 requirement has not been fulfilled (referring to split verdict of Justice Trivedi and Justice Bopanna)
Trivedi J: We cannot quash the case on the basis of split verdict by this court.
Senior Adv Rohatagi: But one judge has ruled in our favor.
Trivedi J: So what, that cannot be the basis of quashing. No quashing at all.
Kejriwal was granted bail by the trial court on Thursday (June 20). The High Court put an interim stay on his bail the next day, after ED challenged the order.
On the same day, Justice Jain reserved his verdict on ED's stay application.
Delhi High Court orders removal of tweets by Congress leaders Ragini Nayak, Jairam Ramesh, and Pawan Khera alleging that journalist Rajat Sharma abused Nayak on live-television.
High Court holds that Congress leaders over-sensationalised the incident and did not remain truthful.
"It cannot be denied that the citizens have a right to freedom of Speech and expression but there was also a corresponding duty to remain truthful to the incident. The X posts berating the plaintiff are nothing but an oversensationalization and depiction of facts which are patently false," the court said.