Thread by @LawBeatInd

#SupremeCourt to continue hearing batch of Petitions challenging the provisions of Prevention of Money Laundering Act.
#PMLA
#MoneyLaundering

Senior Advocate Amit Desai appearing for the petitioners continues arguing. Desai referring to the issue of bail in PMLA cases that bail is a facet of Article 21.
#PMLA
#moneylaundering

Referring to the Judgment in the case of Sanjay Chandra, Desai states that this reaffirms the bail. The arguments are being made in context of the no bail to a person accused under PMLA.
#PMLA
#moneylaundering

Desai- In these PMLA cases not only the accused people but also their employees and other related persons are also arrested and they also keep sitting in jail for a long period of time.
#pmla
#moneylaundering

The law on bail is already settled, when your Lordships see an offence punishable with 7 years, the question to consider is that should there be such a rule of restricting the bail to people who have strong roots in the society, Desai added.
#pmla
#moneylaundering

Should it be the legislature to over right the power of the court or should it be the court that protects the rights of it citizen, Desai added.

Desai- When the legislation fails that is where your Lordships need to come in.

Desai- This 45(2) must fail. Now the 437. In 437 whilst it puts in a bar, the legislature has itself verified, when the sessions court becomes remanding court the limitation is not recognised.
#pmla
#moneylaundering

Justice Dinesh Maheshwari- You are talking about 7 years, but it affects the economy of the Country, there are so many people who get affected.

Justice CT Ravikumar- It affects the sovereignty and integrity of the Country.
#pmla
#moneylaundering

Desai- Even in the cases of smuggling and other serious offences affecting the economy, the consideration of the judiciary under 437 has not been taken away.
#pmla
#moneylaundering

Desai- There are so many people who get caught up in this situation who are not the real beneficiary, they are the employees there families gets affected they keep sitting in jails, it is in these kind of situation where we consider rights under 21.
#pmla
#moneylaundering

Desai- We are taking away the discretion of the court, these are experienced judges let them assess the situation. It is the balancing that we are urging your Lordships to consider.
#pmla
#moneylaundering

Desai- If it is a crime syndicate then I would be the first person to say that withdraw everything and deal with it in a way at par with TADA and MACOCA, but here there are smal cheating, breach of trust and other issues.

Desai- Give opportunity to senior judges to asses, it's not as if the system is not working, but it's about enabling the court.
#pmla
#moneylaundering

Desai- The criminal must work in the context of 21.

J Khanwilkar- Larger public interest doesn't possess 21 rights?

Desai- Offcourse.

J Khanwilkar- You want us not to arrest unless the person is convicted.

#pmla
#moneylaundering

Desai referring to the power of arrest, Judgment in the case of Joginder and Arnesh there is a discretion of Arrest. The arrest is an investigative tool to collect evidence. Do not exercise the power of arrest as pre trial detention.
#pmla
#moneylaundering

Desai- I'm reference to the cases of money laundering, Mens rea is what your Lordships need to take in account.
#pmla
#moneylaundering

J Khanwilkar- Alright! We'll hear you after lunch.
#pmla
#moneylaundering