Thread by @LawBeatInd

#Delhi's Special CBI Court, Rouse Avenue will shortly continue hearing @AamAadmiParty Minister #SatyendraJain bail plea in #moneylaunderingcase.
ASG SV Raju for @dir_ed is expected to conclude making his arguments before Spl Judge Vikas Dhull today.

#PMLA #Bailhearing

On Monday, ASG Raju argued that these companies have “no intrinsic value” and that they existed only to convert Jain’s “black money” into “white money”.
Read more:
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The court has assembled.
ASG Raju for @dir_ed continues making his submissions before Special Judge Vikash Dhull opposing #satyendrajain's bail plea.

Adv. Vivek Jain for #satyendrajain files reply o the additional affidavit.
Before starting the arguments ASG Raju apologies court for coming late, as he was arguing in a matter in Apex Court. He also stated that it started a little late due to swearing ceremony of #CJIChandrachud

ASG: continues reading statements of Witnesses, he states that," this is how SatyendraJain has mislead the investigating agency". He now mentions certain provisions of the PMLA.

ASG: mentions S.63, S.50(2) of PMLA, and states that Jain was required to tell the truth as per S.50, which he didn't.
He also mentions S.181(false statement on oath) of IPC S.191(giving false evidence) & 193(punishment for false evidence).

ASG argues that giving false evidence, misleading the investigating agency or public servant, is an additional offence which makes a ground for rejecting #SatyendarJain bail plea.

ASG Raju reads statement of #SatyendarJain's wife #PoonamJain, wherein he reads that in 2011-12 she filed accomodation entries on her husband's directions.

ASG while reading statements states that there were dummies kept, but #SatyendarJain was handling all of it all by himself. He further reads, "All the decision were taken by #SatyendarJain & wife #PoonamJain".

ASG Raju submits that a person is made Director of the company only because his mother used to walk with #PoonamJain, the director made decisions in good faith, on the direction of Jain and his wife.

ASG argues #satyendrajain is the one who CONTROLLED & had COMMAND over JJ Ideal company during the cheque period & before the cheque period.

ASG Raju reads from the private complaint, states that NO PRUDENT person would invest in a private company which had "NO BUSINESS", & it was not "ONE TIME BUSINESS". Raju argues "WHY WOULD SOMEONE INVEST IN CALCUTTA BASED COMPANIES" only to "COMPENSATE MONEY".

ASG states that mainly to root Jain's money he invested his "BLACK MONEY" in these SHELL COMPANIES, if he really wanted to invest he could have invested in companies like Tata etc.

ASG states that Prima Facie he has established that more than Rs. 1 crore money laundering was done by #SatyendarJain, and Jain cannot be given bail as per Sect. 45 of PMLA. He further states that if bail is given it would be in violation of S.45 of the act.

ASG: Vaibhav Jain has been a close aide of Jain, and had been very well influenced by #SatyendarJain that Vaibhav retracted his statements also.

ASG Raju states that #vaibhavjain did not have the CAPACITY to pay cash to the Calcutta based operators, & so his statement that he and #SatyendarJain had paid to operators is to be looked into, bcz his Income Tax & Balance sheet states he didn't even have 1 crore in his account.

ASG submits that when #satyendrajain was asked to file his Incometax, he stated the same can be taken directly from #ankushjain & #vaibhavjain' accounts. He argues that this states that this clearly means that it was #SatyendarJain's money.

ASG reads statements of Sunil Jain on why he didn't invest in his own comp. & instead Invested in #SatyendarJain's company...Sunil Jain did not answer the question. Raju argues that it clearly means that he was defending #SatyendarJain & his money, by saying it was his own money.

ASG mentions S.2(f)(a)- Beneficial owner under PMLA, he argues that #SatyendarJain is a "beneficial owner". So, provisions of PMLA can be attracted to him.

ASG submits that Sanjay Aggarwal on "deception practice" of #satyendrajain signed documents and hence, the offence of frogery is also made out against Jain. He further states that "Frogery" (S.464 IPC) is a "predicate offence".

ASG: asks the court to kindly look into the conduct of #SatyendarJain in Jail, which @dir_ed filed earlier. He states that Jain is ABUSING his power in Tihar Jail.

He further states that Jain was seen being provided with fresh-cut fruits/green salad by some unknown person directly in his cell and the CCTV showed some unknown person sitting with him and having discussions inside his cell.

ASG states that the CCTV footage showed unknown person giving a foot, and body massage to Jain inside his cell in the presence of three other unknown persons beyond curfew time.

"The unknown masseuse also delivers some documents to and from the accused petitioner in a suspicious/clandestine manner" ASG Raju states.

ASG shows a picture of the Jail wherein the Jail Supritendent is sitting and the manner in which #SatyendarJain is lying. He states there has to be some decorum.
He further states that either #SatyendarJain is in Hospital or is in jail enjoying these facilities.

"Jail is not a place of enjoyment" ASG argues.

ASG further argues that the statement retracted by #VaibhavJain is an indication of "pressure from #SatyendarJain", with this he concluded his submissions.

The court will assemble tomorrow at 10:30am for counter arguments on behalf of #SatyendarJain #AnkushJain & #VaibhavJain.