Thread by @barandbench

#SupremeCourt hearing a batch of petitions seeking protection from any coercive action in a money laundering case registered by the Enforcement Directorate @dir_ed

SG Mehta: The questions which are raised in these petitions can be read in connection with 2 judgements of Delhi HC and one of Bombay HC & one of Karnataka HC against me

SG: There was difference of views & thereafter there was a request to transfer the cases. The practice of not passing any coercive steps in the form of interim relief was stopped thereafter

SG Mehta: If you see the judgement passed in Devendra Dwivedi v UOI, Here validity was challenged of the statute was challenged.

SG: the Court had said that no blanket order should be passed for grant of interim relief without giving reasons.
Please see this example of how order of no coercive steps has been misused how many times

SG:ED files proceedings & the matter was heard before special judge. After the order was passed & this court passed an order of no coercive steps. the order presented before the Special Court #supremecourt

SG:I cannot argue that they have no remedy. So far as interim orders are concerned 

Justice Khanwilkar: Do you want us to modify the orders that have already been passed ?

Justice Khanwilkar to lawyers: How much time would you require?

Sr Adv Kapil Sibal: PMLA will take 7 days and SFIO one day.

Sr Adv AM Singhvi: another act has also been added. There would not be repetition.

SC: Mr Sibal, we will hear the matters seeking for no coercive action & then we’ll have to consider the cases wherein the interim orders have been passed & wherein additional conditions need to be added. that is first

SC: We will consider as to where orders for no coercive action has been passed, can additional conditions be imposed on them or not

BREAKING: SC: No coercive action does not mean that investigation will stay. We will direct them to cooperate with the investigation. #supremecourt

Sibal: In the case where no order has been passed, let the this court say that order for protection be granted or not granted. However in some cases, investigation has been started. They straight away call for admission #SupremeCourt

SG Mehta seeks permission to share screen

SG: we have done an exercise. we have already given a chart showing a number of petitions. Let me show you

#SupremeCourt: in cases where order of no coercive steps have been passed, this would not mean: 1. Stay in investigation Further, they should cooperate with investigation. So far as passport is concerned, we have asked SG to give us a list where passport needs to be submitted

SC: Further orders will be subject to the orders passed by us. #supremecourt

#supremecourt: where no coercive simplicitor has been passed, the investigation or trial will not be stayed. Further we will direct them to cooperate with investigation & in case they have problem with the order, we will direct them to file formal application

SC: In matters in which no coercive action order has been passed: With regards to the order passed by this court related to no coercive steps. This order does not result in staying the trial or investigation. That will proceed in accordance with law. #supremecourt

SC: Petitioners in the concerned cases can take remedies in accordance with law. SG Mehta has given a list of cases where the Investigating Agency may insist for depositing the passport or to be complied with any other condition despite the order of no coercive action be passed.

SC: Let it be permitted #SupremeCourt #PMLA

Sr Adv S Chaudhri for Former Maharashtra Home Minister Anil Deshmukh: I am not an accused from past 5 years.

Justice Khanwilkar: We make it clear that as and when the petitioner is made an accused, he will be at the liberty to challenge the provisions of PMLA

Chaudhari: I was asked to bring documents in relation to the ECIR. They eventually issued me another summon & eventually they arrested my private secretary and personal assistant in the case
@AnilDeshmukhNCP #supremecourt

Chaudhri: On interim orders, there has to be consistency. I stand on equal footing with all the other matters. One of the aspect which top court will consider is section 50 of PMLA Act @AnilDeshmukhNCP #supremecourt

#SupremeCourt: We are not inclined to grant any interim relief & let the petitioner be at the liberty to access remedies in CrPC @AnilDeshmukhNCP