LawBeat Profile picture
Nov 9 28 tweets 12 min read
#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:
lawbeat.in/amp/news-updat…
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.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with LawBeat

LawBeat Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @LawBeatInd

Nov 10
[Bhima Koregaon Case]
#SupremeCourt hears accused Gautam Navlakha's plea seeking house arrest.
ASG Raju tells court that there is a twist in the story as the medical report submitted for Navlakha appears to be tainted.
ASG: The doctor is related to him.
Court: The report is by 5-6 doctors, you cant say such a thing.
Read 15 tweets
Nov 10
Special PMLA Judge M.G Deshpande came down heavily on the Enforcement Directorate in its order granting bail to Sanjay Raut and Pravin Raut in the Patra Chawl Scam
@rautsanjay61 @dir_ed #pmla Image
The order stated that the object of PMLA is confiscation and not illegal arrest of the and detention of the arresttee for an uncertain period.
@rautsanjay61 @dir_ed
High Level Government Official and MHADA official were involved, however none of them were made accused or arrested. Further, the conduct of the MHADA official was suspicious since 2007 but none of them arrested.
@dir_ed @rautsanjay61
Read 18 tweets
Nov 10
#Delhi's Special CBI Court, Rouse Avenue will today continue hearing @AamAadmiParty Minister #SatyendraJain bail plea in Money Laundering Case.
Adv Sushil Kumar Gupta for co-accused #AnkushJain & #VaibhavJain will make counter-arguments before Spl Judge Vikas Dhull today.
Yesterday, ASG SV Raju for ED (@dir_ed) concluded his arguments. During the hearing, he referred to CCTV footage submitted by agency last week on “VIP treatment", Raju stated, “Kindly look at the conduct of Jain in jail, he is clearly abusing power sitting in the jail."
The court has assembled. Adv Sushil Gupta begins making his counter arguments on behalf of #AnkushJain & #VaibhavJain. He states that the "accomodation enteries" have been associated to us as "proceeds of crime" & therefore, PMLA has been attached to us.
Read 23 tweets
Nov 9
Enforcement Directorate moves Bombay High Court challenging the bail granted to Shiv Sena MP Sanjay Raut and his brother Pravin Raut. The Sessions Court had rejected the stay on execution of the bail order earlier today.
@dir_ed @rautsanjay61 #bombayhighcourt Image
ASG mentions the case before Justice Bharathi Dangre

ASG: We are seeking stay on execution of bail

Court : Under what provision ?

ASG : Under section 482 CrPc and Article 226 of Constitution
Court: I have not looked into the order on and what grounds the bail was granted. I do not know the ground you are seeking bail.
Read 13 tweets
Nov 9
Supreme Court is hearing plea by convicted SP Leader and Azam Khan challenging his disqualification from contesting elections basis the conviction #SupremeCourt
#CJIChandrachud: Are you in Jail?
Senior Advocate Chidambaram: There is a process which applies in the state, I have not been taken into custody
Senior Advocate Arvind Datar appears for Election Commission of India.
INC Leader and Senior Advocate Chidambaram for Azam Khan reads out the operative part of judgment convicting him.
Read 5 tweets
Nov 9
Sepcial PMLA Court of Mumbai grants bail to Shiv Sena MP Sanjay Raut in the case registered by Enforcement Directorate in the Patra Chawl Scam
@rautsanjay61 @dir_ed
ASG seeks stay on bail granted to Raut. He submits that in Anil Deshmukh Case stay was granted on bail. He informs that they are going to challenge the bail.
Judge says that It is alleged that i am hasting.
ASG Informs we have not alleged that. He says that i am making a request that reasonable time be granted upto a date to put stay on bail.
Read 11 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(