Thread by @LiveLawIndia

The Kerala High Court is set to continue its hearing on the bail application moved by the CM's former Principal Secretary, M. Sivasankar, who had been arrested by ED in connection with money laundering related to the LIFE Mission case.
#KeralaHC #MoneyLaundering #LIFEMissionCase

The matter is before the Single Judge Bench of Justice A. Badharudeen.
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During the previous hearing, Senior Advocate Jaideep Gupta had appeared on behalf of Sivasankar, and had taken the Court through the facts of the case. He made his pleadings on behalf of the petitioner.
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The report on the previous hearing can be found here:

livelaw.in/news-updates/k…

A Special PMLA Court at Kochi had rejected Sivasankar's bail application on March 2 and extended his custody till March 21. Sivasankar had moved the plea seeking bail on medical grounds. He had alleged the arrest as a 'political stunt'.
#KeralaHC #LIFEMissionCase #MoneyLaundering

He had further claimed that there was no direct allegation against him.

The report on the bail application moved by Sivasankar can be read here:

livelaw.in/news-updates/k…

The matter has been taken up.

#KeralaHC #MoneyLaundering #LIFEMissionCase

The Additional Solicitor General is appearing today.
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The ASG takes the Court through the facts of the case.
ASG: First case is the gold smuggling through diplomatic channel.
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ASG: Matter before Your Lordship relates to the contract between UNITAC Builders and Developers and SANE Ventures LLP & Ors.
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ASG: Money comes from Red Crescent to UAE Consulate at Trivandrum. Money is required by UNITAC and SANE. A portion of money is converted into Foreign currency.
#KeralaHC #MoneyLaundering #LIFEMissionCase

ASG: Money is put inside locker that has now been attached. Petitioner holds high post in government.
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ASG: Petitioner collected this money which is bribe money and hence, Prevention of Corruption Act is applicable.
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ASG: Venugopal, CA and Swapna Suresh both admitted that lockers are being operated for benefit of Sivasankar. Therefore PC Act applies.
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ASG: On two grounds, they approached Special Court. Special Court rejected.
ASG takes Court through the Special Court order.
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ASG: Subject matter involves FCRA violations also (reads from document)
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ASG: The case records remains that investigation only at preliminary stage. Material produced by respondent shows money laundering offences has wider ramifications. There has been active participation of petitioner on all transactions also
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ASG: The Senior counsel brought attention of Court on double jeopardy.
Court: Argument is on same set of facts, same FIR cannot be registered.
ASG: I stand corrected. Investigation in gold smuggling case reveals another set of facts.
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ASG: Transactions are different. First transaction is gold smuggling; second is bribe. So same set of facts is different. I agree there cannot be FIR on same set of facts, but that is not case here.
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ASG: Offence in this case is bribe received for granting contract
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ASG: By no stretch of imagination can it be said that smuggling of gold and bribe are on same set of facts.
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ASG: One is gold smuggling; second is bribe; third is a portion of bribe was converted into foreign currency, and taken by diplomatic channel to a foreign country. They took it in hard cash.
Court: Then why can't this allegation also be part of earlier trial?
ASG: Because FCRA.

ASG: If money arises out of gold smuggling, it does not come within same offence. Not every case related to the person is attached to the first case.
Court: Some sort of lack of clarity is there. That is why they are arguing so. Fundamental facts are same.
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Court: Crime was registered alleging gold smuggling by ED, thereafter bribery also registered. Thus, is it necessary for ED to register third crime? What is the rider?
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ASG: Facts required to prove gold smuggling completely different from facts required to prove bribery. It is a completely independent transaction.
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ASG: So arguments in this regard have to be rejected. Only other argument is regarding health condition.
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Court: Another point regarding statement of Santhosh Eapen (UNITAC MD) that he did not give any amount as bribe to Sivasankar was also raised.
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ASG: Eapen admits he hasn't given money. When investigation is completed, it will be found if Eapen's statement is true or false. If false, he will face problem. That alone cannot be swallowed.
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Court: So you have a case that Santosh eapen's statements giving clean chit to Sivasankar is not believable?
ASG: Yes
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ASG: The only other ground is on health conditions. The last time he was given bail on medical grounds, he continued to discharge his duties months after that.
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ASG refers to Vijay Madhanlal Choudhary's case on the twin conditions.
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ASG: My respectful submission is let investigation be completed.
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ASG: In this case also 1.90 Lakh Dollars have gone through diplomatic channels. So it has transnational character.
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ASG: Yesterday, A1 (first accused), was released on bail by Special Court since he was cooperating. Sivasankar is the kingpin, who orchestrated everything from the beginning. He can impede the investigation if released on bail.
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ASG: He can affect investigation, consequently, I pray the bail application may be rejected.
Court: Question to be decided is whether registration of two ECIRs on same set of facts is correct or not.
ASG: My submission is it is not same set of facts.
#KeralaHC #MoneyLaundering

ASG concludes his arguments.
The matter has been posted for tomorrow for further consideration.
Hearing concludes for the day.
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