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Aug 25 16 tweets 5 min read
{PMLA REVIEW}

#SupremeCourt to hold an open court hearing in the review petition filed by Congress lawmaker Karti Chidambaram challenging the top court's July 27 verdict upholding the validity of the Prevention of Money Laundering Act (PMLA)

#PMLA
PMLA review hearing begins

CJI: Argue the review

#PMLAReview
Sr Adv Kapil Sibal: Please take a look at a chart prepared for your convenience.
#PMLAReview
Sibal: Please see the first item

CJI: We do not have any paper book. where is the review petition bundle..

#PMLAReview
Sibal: impugned judgment held money laundering is a continuing offence. here act comes into force in 2005 and proceeds of crime from 1999 and then they will be prosecuted under PMLA. how is this possible when there was no scheduled offence in 1999?

#PMLAReview
The judges discuss
#PMLAReview
CJI: There is no need for elaborate argument, we feel that some issues which need re-look ... we are completely in support of prevention of black money or money laundering ..country cannot afford such offence. object is noble
CJI: Non providing of ECIR and reversal of presumption of innocence which are two issues which needs reconsideration as per us.
#PMLAReview
CJI: we will issue notice and let the Centre responds.

SG: Error in judgment cannot be a ground of review. this is not a standalone provision and we are part of the larger global structure and SC held it is in tune with international and constitutional scheme.
CJI: We are not opposing govt to stop money laundering or bringing back black money and these are serious offences

SG; But this will have global repercussions

CJI: It is a serious thing, we are not doubting objective of govt. But there are prima facie issues.
SG: This is not an appeal

CJI: We issue notice. let writs come along with review

SG: please issue a limited notice

CJI: Mr Sibal you formulate issues and submit them #PMLAReview
SG: Mr Sibal is aggrieved by the entire PMLA legislation

Judges discuss

#PMLAReview
Dr AM Singhvi: The judgment in the Benami case also deals with the judgment in PMLA

CJI: We are limiting the review petition to the two issues

Sibal: Then we will argue it right now. Please issue notice on the review plea

SG: we are saying review is not maintainable
CJI: Prima Facie we are of the view that these two areas need reconsideration. Issue notice.
#PMLAReview
Sr Adv Sibal: the interim protection has to be extended

SG: Then the High Courts have to be approached

CJI: Whatever interim protection was granted to be extended for 4 weeks. List after 4 weeks and place before the CJI
Sibal: SC held that the statute is not penal..

CJI: my brothers are not agreeable. so we have prima facie with two issues and thus notice issued.

Matter ends #PMLAReview

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More from @barandbench

Aug 25
#Breaking Delhi High Court asks Centre to file a consolidated reply to all the matters challenging the Agnipath scheme for recruitment in armed forces.

#DelhiHighCourt #Agnipath Image
The court asked the government to file a separate reply to petitions that have challened recruitment processes before the introduction of Agnipath scheme.
#DelhiHighCourt #Agnipath
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, however, refused to stay the Agnipath scheme.
#DelhiHighCourt #Agnipath
Read 5 tweets
Aug 25
{TEESTA SETALVAD BAIL PLEA}

#SupremeCourt to hear the bail plea filed by activist #TeestaSetalvad after she was arrested for allegedly fabricating documents to frame high-ranking officials including then Gujarat Chief Minister @narendramodi in the 2002 Gujarat Riots cases
Sr Adv Kapil Sibal: There are special Benches today. If it can still be accommodated.

SG Tushar: Can we have it on Monday? I need time to modify our reply.

Justice Lalit: Issue is someone is behind bars.

SG: In a serious offence. Other legal remedies have not been ...
SG: exhausted. They moved Court late.

Bench: Give us two minutes.

#Teesta #SupremeCourt
Read 6 tweets
Aug 25
{PM MODI SECURITY BREACH}

#SupremeCourt to pass order on a plea by an organisation, Lawyers Voice seeking a court-monitored probe into the alleged security breach during PM Narendra Modi's Punjab visit on January 5. @narendramodi @PMOIndia #PMSecurityBreach
#SupremeCourt in January this year had appointed a Committee headed by retired Supreme Court judge Justice Indu Malhotra to probe the matte
CJI: Open the report please

Counsel appears for former Punjab DGP

CJI: Why you are anticipating something?

Counsel: i hope there is nothing against my client

#PMModiSecurityBreach
Read 6 tweets
Aug 25
{PEGASUS SCANDAL}

#SupremeCourt to shortly peruse the report submitted by th 3-member expert committee formed to probe into the alleged breach of citizens personal electronic devices with the #PegasusSpyware
CJI: The report is technical in the first part, then the part is by the overseeing judge. This is the joint report submitted and by the overseeing judge Justice Raveendran

#Pegasus #SupremeCourt
CJI: a file containing on the responses received is also enumerated. some of the confidential aspects is on section 3 which deals with malware, properties therein and how law enforcement agencies act on it

#Pegasus #SupremeCourt
Read 15 tweets
Aug 25
{BILKIS BANO CASE}

#SupremeCourt to shortly hear the plea challenging the decision of the Gujarat government to grant remission to 11 convicts who had gangraped Bilkis Bano and murdered her family members during the 2002 #GujaratRiots
The three-judge bench to assemble now

#BilkisBano #Remission #SupremeCourt
Sr Adv Kapil Sibal; please see the petition...large number of lives were lost in communal riots..even in Limkheda village of Dahod district. Arson looting and violence took place. Bano and Shamin with others were escaping.. shamim delivered a child..

#BilkisBano #Remission
Read 11 tweets
Aug 24
#SupremeCourt is hearing the petition challenging the dropping of the 2007 Gorakhpur riots case involving Chief Minister Yogi Adityanath

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Adv Fuzzail Ayyubi appears for the petitioner
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Justice Hima Kohli: closure report is accepted

Rohatgi: yes. Here the CD which is said to have the hate speech recording has been examined and its fake
Rohatgi: CSFL said the CD was tampered and so where there is the question of tamper.
Read 11 tweets

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