Thread by @barandbench

{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