Thread by @barandbench

Kerala Gold Smuggling: Hearing to resume today before Kerala High Court in the plea by @dir_ed Deputy Director challenging FIR registered by @TheKeralaPolice against unnamed officials of ED.

#keralagoldsmuggling #kerala

Hearing commences.

Senior Counsel Harin Raval continues for State of Kerala.

#keralagoldsmuggling #keralapolice

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IPC is a completely self-contained code.

Raval explaining scope of Section 195A IPC

Section 195A will not be restricted only to court proceedings: Raval

#keralagoldsmuggling #keralapolice

There is no prohibition on registration if separate complaint if first complaint was registered based on insufficient material: Raval relying on case law.

Raval citing various case laws to buttress case that filing of multiple FIR is allowed.

#keralagoldsmuggling #keralahighcourt

The present petition lacks bona fides and filed to prevent recording of statement: Raval

The two FIRs pertain to different incidents. Accused might be same but not subject matter: Raval

#keralagoldsmuggling

Raval concludes.

SG Tushar Mehta begins.

Most of the arguments by Raval I agree. But he missed the heart and soul of the matter: Mehta

#KeralaGokdSmuggling

@dir_ed @TheKeralaPolice

The question is can one investigating agency (Kerala Police) adjudicate whether a witness' statement recorded before judge is right or wrong or whether the witness statement in an audio CD is right or wrong: Mehta

#Kerala #KeralaGoldsmuggling

There is complete lack of jurisdiction in registering such an FIR. The remedy is available to lady under section 190: Mehta

If this is allowed, it will lead to break down of rule of law in the country: Tushar Mehta.

#KeralaGoldSmuggling
#Kerala

Tushar Mehta cites case of Amitbhai Anilchandra Shah vs. CBI in this regard.

Seeks quashing of FIR, concludes his submissions.

#keralagoldsmuggling

ASG SV Raju makes submissions. Refers to Bhajan Lal's case.

#KeralaGoldSmuggling
#KeralaHighCourt
#Kerala

ASG Raju: The fact that Swapna and Sandeep did not make their complaint to the Magistrate at the initial stages strikes at the credibility of the complaint. The complaint has to be rejected only on that ground

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju refers to another case.

ASG Raju: If there is a wider conspiracy, there can be a second FIR. But you cannot have a second FIR with a narrower conspiracy.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju: There is no Section 120B in the second FIR. The wider case is in the first FIR. The wider case always encompasses the narrower case... The second case has to be quashed.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju refers to case of Ram Lal Narang vs State Of Delhi

ASG Raju, referring to Swapan Kumar case: The second case cited by my friend goes in my favour. I am grateful. It takes the wind out of his submission.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju argues that if the FIR does not disclose a cognisable offence, then it has to be quashed.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju: If your first case is a larger conspiracy, how can you have a second case with a smaller conspiracy? Unheard of!

If there is a larger conspiracy, you can have a second FIR, but not the reverse, he adds.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju: Sandeep is already there in the (first) FIR. There is no discovery. No discovery, no different version, it is the same thing. Same wine in a different bottle. Not permissible!

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju: What is the discovery? I can understand if Sandeep's name was not there in the first FIR.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju: If the test of sameness is applied, the second FIR has to go. Because Swapna and Sandeep are both there in the first FIR.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju: You cannot pick out Sandeep and say it is different...If you attempt to remove Sandeep from there, it is still the same FIR.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju: In our case, it is one conspiracy. Sandeep and Swapna - two parts of the same conspiracy.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Raju refers to Amitbhai Anilchandra Shah vs. CBI where he says two conspiracies was sought to be made out of Sohrabuddin's and Prajapathi's case.

ASG: Supreme Court said, you can't make it two conspiracies. This is exactly the same case as our case

#KeralaGoldSmuggling

ASG Raju: Here it was one Swapna and Sandeep. There it was Soharabuddin and Prajapathi... Identical to our case...

ASG Raju concludes by saying there is a clear abuse of the process of law.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG M Nataraj makes submissions. Says he won't make arguments touching anything on facts or the first FIR or second FIR.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Nataraj is making submissions whether Section 195, CrPC (Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence) is applicable.

#KeralaGoldSmuggling
#KeralaHighCourt

FIR under 192, 193, IPC is without jurisdiction. Section 195A, IPC (threatening any person to give false evidence) is not attracted, Nataraj argues.

#KeralaGoldSmuggling
#KeralaHighCourt

ASG Nataraj: Nothing remains, the entire case is zero. I am not touching on facts. There is a total statutory bar for the police to proceed with this case.

#KeralaGoldSmuggling
#KeralaHighCourt

Raval makes certain prayers since Court would be reserving orders

Raval: One, Let Section 161 statements be recorded by the magistrate, Lordships may consider

Mehta interrupts: Whataever is the position as on date may continue

Raval: I am entitled to pray

#KeralaGoldSmuggling

Raval: .. second, if anything has to go for a toss, it is these petitions

#KeralaHighCourt
#KeralaGoldSmuggling

Mehta thanks Court for a patient hearing: We are satisfied that we have been given full opportunity...

Justice VG Arun: It was a pleasure.

Mehta: You l may extend the interim order until your Lordship decides...

#KeralaHighCourt
#KeralaGoldSmuggling

Adv TA Unnikrishnan informs Court that reply has been filed before Special Court to the letter from Sandeep which was treated as a petition

#KeralaHighCourt
#KeralaGoldSmuggling

#Breaking: #KeralaHighCourt reserves judgment in Enforcement Directorate's plea challenging FIRs registered by #KeralaPolice against unnamed ED officials. Court may pronounce verdict on April 16, mid vacation. Interim order, undertaking to continue

@dir_ed
#KeralaGoldSmuggling