Thread by @lawbarandbench

Supreme Court Bench of Justices Khanwilkar, D Maheshwari and CT Ravikumar will continue to hear SG Tushar Mehta in the PMLA case.

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SG Tushar Mehta argues. Refers to Supreme Court cases Gurucharan Singh vs Union Of India.

"My effort today is to show that CrPC will not apply if there is inconsistency between PMLA and CrPC"

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SG refers to Ajmer Singh v. UOI - "Army Act, Navy Act & Air Force Act embody a completely self-contained & comprehensive Code & therefore constitute a special law.."

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SG Tushar Mehta now giving comparison between Customs Act and PMLA.

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A Police Officer has limitations of jurisdiction of his area. ED officers have no such limitation of jurisdiction. It can even be outside India too.

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SG Tushar Mehta refers to Chapter IX of PMLA on jurisdiction of ED officers outside India.

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Khanwilkar : In a police case, statement is recorded at the stage of complaint itself.

SG refers to Section 44 of PMLA.

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There is a special procedure in PMLA. Only before we touch the accused, whether through arrest or attachment, that is when the accused is told. Otherwise the entire purpose is defeated. There is a high threshold of arrest in PMLA

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In a police case, the threshold for arrest is very low. IF there is a reasonable complaint, reasonable suspicion someone case be arrested.

But that is not the case in PMLA: SG

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Police officer has enough powers to deprive personal liberty only on the grounds of suspicion, which is not the case

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Supreme Court breaks for lunch. To continue hearing at 2 PM.

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SG: If Section 41A is implemented as the petitioner wants then it will turn Section 19 on its head.

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SG: We record reasons only when arrest is necessary. please look at the safeguards under section 19, power is conferred upon the highest authority like a ED director unlike CrPC which entrusts a police official or head constable

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SG: One of the safeguard is reasons have to be in writing and inform the person about the grounds of arrest. Then forward copy of arrest and material in possession to the adjudicating authority.

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SG: Such material is sent to adjudicating authority in sealed envelope mentioning the details to whom it is addressed. Then it is put inside another envelope, thus Section 41A makes PMLA toothless.

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Matter to continue on Tuesday.

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