Gupta mentions Lala Sher Singh Charitable trust in which certain cash transactions were made. He states that #ED has made this a "proceeds of crime". He also states that there has been "unfair investigation" by @dir_ed.
Gupta reads relevant statement of #VaibhavJain from Feb 2018 related to details of bank account of his and his family. He states that for duration of 8yrs #ED has recieved bank details.
Gupta argues that in #VaibhavJain bail application he has filed that Vaibhav had given loans of 1 crore to Lala Sher Singh Charitable trust as HUF, and at that time #satyendrajain was nothing before us, his importance came only after he became a Minister.
Gupta states that the #ED is relying on GS Makharu's statements, he reads his statements.
He argues that just because Cash transaction happened, @dir_ed completely ignored that 1crore loan amt was also given.
Gupta reading statements of Devendra Gupta, on how he was associated with #satyendrajain, where he stated he knew him as an Architect & after 2013 he was not in touch with him.
Court- Why haven't they(ED) included other account deposits?
Gupta: Sir! Due to close proximity they've taken only what they felt like. I can't say anything.
Gupta argues that all the decisions taken for the company are done by me (Ankush & Vaibhav Jain) only, #satyendrajain was no where involved.
Gupta states that 'Accomodation Entry' cannot be 'proceeds of crime', if i have given loan, the same has been credited back to me with interest.
"All transactions are bank transactions", Gupta argues.
The court is adjourned, the matter will be taken up post-lunch at 2:30pm.
The court has assembled post-lunch. Adv. Sushil Gupta continues making his submissions for #AnkushJain & #VaibhavJain.
Gupta reading relevant portions of Retraction Application filed by #VaibhavJain on 17th June 2022. He argues that the statement made by him was forced, untruthful & not even recorded under CCTV and that it should be discarded.
He argues that #ED has not mentioned anything about the Retraction Application. Gupta reads relevant portions of the reply filed on the application by ED.
He argues that it took 2 months for the ED to reply to #VaibhavJain's retraction application.
He also alleges that Vaibhav was never confronted with #satyendrajain during investigation, as #ED feared the same would come under CCTV recordings & their entire case against me would go down.
He argues that the #ED summoned Vaibhav 3-4 times, but #VaibhavJain was not confronted with #satyendrajain even once. He further argues, their was no camera in the interrogation room.
Gupta mentions three essential conditions u/S.3 of PMLA that criminal activity in the scheduled offence is committed, the property in question has been derived or obtained with a criminal activity& knowingly directly or indirectly assists in activity connected to criminal act.
Gupta argues that the ED has, had a bias from the very start, he states that this is a "Theory of Confirmation Bias". He states that they should be Fair, is all we are expecting.
He argues that i am a businessman doing my business independently, just because at some point of time, #satyendrajain was associated to me, i have been dragged into this case.
He argues that the #ED first needs to show the "proceeds of crime" to establish a case under PMLA.
Gupta further argues that it is in #ED's mind that the IDS filed by me was for #satyendrajain, but i have shown that it was filed by me, for me only.
Gupta argues that #ED has made an mockery of the whole case, they say that #CBI case is an antecedent to this case, with this the Adv. Sushil Gupta concludes his arguments on behalf of #AnkushJain & #VaibhavJain.
The court is adjourned and listed for Oct 31, 2022 at 11am.
[Satyendra Jain Bail Hearing in #PMLA case]
Adv. Sushil Gupta concludes arguments for co-accused before the Spl. Judge Vikas Dhull in Delhi's Rouse Avenue Court.
Arguments on Bail by #AAP Minister @SatyendarJain's counsel will be heard post-#Diwali on October 31 at 11 am.
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[Gyanvapi Case] In Mosque Committee's revision plea, the Allahabad High Court adjourns hearing till November 3. Justice JJ Munir orally remarked that prima facie UP Kashi Vishwanath Act,1983 is not applicable to the present matter #Gyanvapi
The Anjuman Intezamia Masjid Committee, Varanasi had challenged the maintainability of the suit filed by 5 Hindu women seeking permission to worship Hindu deities inside #Gyanvapi on the ground that it is barred by the provisions of three Acts namely....
... the Place of Worship Act, the Waqf Act and UP Shri Kashi Vishwanath Temple Act. #gyanvapi
BREAKING: Special CBI Court Rejects bail to Former Home Minister and NCP leader Anil Deshmukh in the Corruption case registered against him by CBI @AnilDeshmukhNCP#cbi#corruption
The court noted that the statement of the approver recorded by additional magistrate plays an important role and therefore such statements cannot be overlooked
The court notes that the admissibility of the evidence cannot be answered at the stage of bail and that detailed examination of evidence cannot be taken at this stage.
#SupremeCourt to hear plea seeking urgent intervention by the Court to stop the growing menace of targeting and terrorizing of the Muslim community in India.
Plea also seeks initiating action under UAPA against persons engaging in hate speech against Muslims.
A bench of Justices KM Joseph and Hrishikesh Roy is to take up the matter.
Senior Advocate Kapil Sibal appears on behalf of the Petitioner.
Court: What are you against, what is your prayer?
Sr. Adv. Sibal: What can we prove Milord, they dont' take any action.
#SupremeCourt to hear plea by Gautam Navlakha, an accused in the Elgar Parishad case, seeking house arrest.
SG Tushar Mehta appears before Court on behalf of NIA.
Court is informed that Navlakha is being treated by doctors.
SG Tushar Mehta asks court if matter can be taken up on November 9th.
Court is also provided with Navlakha's medical reports.
@the_fauxy in it's reply to Sajid Khan's legal notice against a satirical article, filed through @falconlegalllp said, '#TheFauxy' is famously known for generating fictitious content solely for entertainment purposes and is well within its rights to publish such article. #BigBoss
@the_fauxy denied that it has lost sight of its obligations, duties and privileges and submitted that being an institution of media, the fourth pillar of democracy, it has well-observed his duties and privileges and it is in accordance thereof. #BigBoss16 #SajidKhan
Website (@the_fauxy) has relied on the judgment passed by the #SupremeCourt in the case of Indibily Creative (P) Ltd. Vs. State of W.B, wherein the Apex Court included the art of SATIRE WITHIN THE MEANING OF FREE SPEECH. #BigBoss16#SajidKhan
#SupremeCourt hearing a petition on extra-judicial executions (1528) in Manipur.
In May, this year, Court had asked the Union of India to file a status report on the investigation into the alleged executions.
Court notes that the investigation has been completed, and the subsequent steps have been taken by SIT.
Court: Whether the fake encounters were fake, good or bad is another question.
But what is to be noted is that despite the relations or the neighbours or certain concerned persons, having voice their grievances, they were not heard or the investigation was not even initiated.
That raises questions on the Constitutional framework.