You and #RanveerSingh should be bummed about this national issue. With this increase in powers it can 1. Arrest more people without FIR 2. With a reversed burden of proof. 3. Ability to attach properties. Potential to harass is up exponentially.
The irony is that only yesterday we were told that the ED conviction rate is 0.5%.
Let that sink in.
The process is seriously punishing under the PMLA.
The ECIR is the ED equivalent of an FIR. But because the ED is "not the police", basic civil liberties protections in CrPC and the Constitution have been dispensed with.
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Thread: Today the Hon'ble Delhi High Court was split on the question: should a husband's rape of his wife be prosecuted under rape law? Justice RS Shakdher has held the exception to be unconstitutional, per Petitioners' submissions, the burden of proof remains on complainant. n/1
Hon'ble Justice Hari Shankar disagrees. The Petitioners believe that all women have an inherent right to sexual autonomy, bodily integrity and free sexual expression. Losing the right to say no also takes away a married woman's ability, to say a joyful yes to her husband. n/2
Thousands of Indian women are being raped as we speak, and the exception to section 375 says that married rapists have a conjugal right to penile vaginal rape and also anal rape, gangrape. n/3
Furious. The government response to the use of #Pegasus appear to admit that phones of a constitutional authority, a Supreme Court judge, the legal community, as well as lawyers and opposition leaders have been illegally hacked. 1/n m.thewire.in/article/govern…
To those who say- if you've done nothing wrong you have nothing tp hide, everybody has something 't0 hide' . If there's a case against you, by government or one of the Electoral Bond holders of the ruling party, do you want them to know legally privileged facts & strategy? 2/n
Bhopal litigations for eg- what did the victims of the gas disaster & toxic waste do wrong? Do we know if Dow-UCC-Dupont purchased BJP Electoral Bonds? Given it's legal, would their shareholders require such purchase? Shd govt know what the SC judge is thinking on the case? 3/n
My view of the #TarunTejpalCase in detail in this interview. 1) The Sessions Court has not mere displayed ignorance of law on s53 of Evidence Act works in trial, on circumstances in which burden of proof is on prosecution to produce allegedly exculpatory evidence etc.
2. Sessions Court has violated law of privacy, s228A of IPC, victim's identity yes, but also her other allegedly flirtatious chats which have
Nothing
To do
With
Consent.
3. This is directly contrary to SC directions in Aparna Bhat's case, decided as recently as 18th March. And on this basis alone remarks are liable to be made in the apellate decision. Judge should be suspended and sent for retraining.
Judgment has a chilling effect on survivors.
Thread on @Paytm's case against phishing fraud: I'm representing Paytm in a case that seeks to protect its customers from phishing. Phishing's a type of fraud, the fraudster deceives customers into sharing sensitive bank details in response to a fraudulent text or phone call. 1/n
The legal regime is clear. The TCCCPR 2018 regulation, says it's Telcos that carry the responsibility to prevent & punish phishing, it's they who issue the bulk sim cards & deceptive headers & SMS content (eg VM-VPYATM at top of the text message) that enables fraudsters. 2/n
The law also tells us how to stop these frauds. TCCCPR orders that Distributed Ledger Technology - a Blockchain system to remove spam & fraud - be established, so that Telcos, customers like Paytm and digital marketers are on the same page to clean the system. 3/n
Really quite predictable. Modi ji announces #LockdownWithoutPlan, migrant workers inevitably start toiling home, all media is aggressively deployed to #ArrestKejriwal. The CM who's actually working to feed everybody. Classic incompetence + aggression.
Yes, three days notice to people plus three days of planning and ramping up capacity would have saved a lot of pain and made the lockdown work better. That Modi ji is missing again tells us how bad it is. #LockdownWithoutPlan