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.
#KeralaHC #MoneyLaundering #LIFEMissionCase

Yesterday, the ASGI R. Sankaranarayanan, had made the submissions on behalf of the respondents.

The report on the previous day's hearing can be found here:
livelaw.in/news-updates/k…

The matter has been taken up.
#KeralaHC #MoneyLaundering #LIFEMissionCase

Senior Advocate Jaideep Gupta is appearing on behalf of Sivasankar.
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Court: It has been contended that in previous crime, he got bail on medical grounds and thereafter you joined service and continued without any treatments. Thus it was raised that the bail granted is not bona fide.
#KeralaHC #MoneyLaundering #LIFEMissionCase

Sr. Adv. Gupta: Person is a cancer patient. Lordship may see two current reports.
Court: But earlier also you produced medical documents and got bail on medical grounds.
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Sr. Adv. Gupta: It is not true. That he has joined back to work does not mean he isn't suffering from medical conditions. He is not bed ridden. The Special Judge had sent him on check up when matter was before Special Judge. There is a medical report that was obtained when...

Court: Some issues with the network. Do you have written submissions ready?
Sr. Adv. Gupta: Yes we can submit day after.
Court: Your junior says he can submit today itself.
Sr. Adv. Gupta: Yes, he has already prepared
#KeralaHC #MoneyLaundering #LIFEMissionCase

Sr. Adv. Gupta: One more aspect is that Santhosh Eappen was granted bail two days back.
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Court: Another argument is that this is crime of serious nature since money received as bribe was sent to foreign country.
Sr. Adv. Gupta: This is another false statement by prosecution. Case is that money lying in locker of Swapna Suresh is meant for me. That is the case.

Sr. Adv. Gupta: . There is no statement by Venugopal that he has operated the locker for me. Long before allegations, key was handed over to Suresh.
Court: These are your replies?
Sr. Adv. Gupta: Yes, My Lord.
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Court: Can I go back to prosecution?
CGC informs that statements of Eappen, Venugopal, Suresh, and another are being handed over in sealed cover.
CGC: So far whatever has been collected in connection with LIFE Mission case is there
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Sr. Adv. Gupta: I cannot reply My Lord, your Lordship knows about SC ground on sealed cover. In Chidambaram case, it had been said that person cannot be prejudiced with sealed cover
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CGC explains why it has been handed over in sealed cover.
CGC: It is only for Court to see.
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Court to Sr. Adv. Gupta: Please tell me citation of decision you have referred
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Advocate Manu Srinath reads the relevant paragraph to the Court.
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Court: You have submitted strongly the cover also cannot be opened. I have gone through the judgment. As per ratio you referred, Court has power to satisfy contents. It just cannot be relied upon to give findings in the judgment
#KeralaHC #MoneyLaundering #LIFEMissionCase

Sr. Adv. Gupta: It has power but it has been disapproved.
#KeralaHC #MoneyLaundering #LIFEMissionCase

CGC: All money was kept in same locker. When investigation was going on, Customs and ED registered case, since we require predicate offence. Predicate case is Customs case. We went after LIFE Mission case. Then VACB and CBI also registered crime. These are different.
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CGC says that some of the money was transferred abroad.
Sr. Adv. Gupta: Now My Learned friend is just making it up since no part of money had been transferred abroad. Foreign money was never the case.
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CGC: Money recovered from locker was entire money of both crimes. Offence in LIFE Mission had started even before gold smuggling had started.
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CGC: When we investigated, we found that it was ongoing process of money laundering with respect to LIFE Mission also. Three crimes registered by three different agencies based on which we have registered two ECIRS.
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Sr. Adv. Gupta: May I request my learned friend to indicate what exactly is extent of crime? There must be a limit to saying things off the line.
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CGC: He got bail on medical grounds, but when he was released he resumed work. We asked him for a second opinion, which was not taken. He was to undergo surgery, which he later refused.
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Gupta: After the ASG finished his submissions, my friend thinks he can submit. This is my turn to submit. He (Sivasankar) chose to not take up surgery in that specific hospital.
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Court: I will call for the records of the court below.
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Court dictates order: It is necessary to call for the entire records of the special court and post for final hearing.
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Matter has been posted to April 5, 2023.
#KeralaHC #MoneyLaundering #LIFEMissionCase

Court: We can continue to clear some doubts once more, after getting documents from the court below.
Hearing concludes for the day.
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