Kerala High Court resumes hearing of Bail Application of M Sivasankar, Former Principal Secretary of Kerala Chief Minister
He denies ED's allegations that Sivasankar contacted customs officials to clear the baggage alleged to be containing smuggled gold.
He also tells Court that all of Swapna's statements categorically denied his client's involvement in gold smuggling, until before her arrest.
"If you don't identify the crime, how do you know it is a 'Scheduled Offence' under the PMLA from which the proceeds of crime came?": Gupta
Reads out Section 3 of PMLA:
"There has to be a predicate offence from which proceeds of crime arise, that money needs to be touched by the accused to be prosecuted"
https://t.co/sDkgKRDwp8
What is the predicate offence? PMLA is not applicable here: Gupta
The Project was a private contract, how are they saying that a government servant received kickbacks from it?: Gupta
Read S. 45 here: https://t.co/Y9emmHQIfa
(This Section was amended in 2018.)
Gupta refers to SC's verdict in Nikesh Tarachand Shah v. UoI where it was held that S. 45 is manifestly arbitrary and contravenes Art 14.
Gupta submits that 2018 amendment has not removed the problem.
Read here:
https://t.co/p8ykH5Z56P
Says that they are social acquaintances & merely because Sivasankar sought accommodation for Swapna, Respondents are making an impression that it was to keep proceeds of crime
Gupta: If this is to be read without any external allegations in mind, there is nothing suspicious about it. They are trying to create impressions.
https://t.co/lWadiouGKm
More from Live Law
More from Law
In the cold light of morning, I'm still completely amazed by the legal belly flop that @ThomasMoreSoc filed in the DC District Court. It's the legal equivalent of watching the butt fumble, live
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
I’ve been reading lots recently about the interaction between First Amendment law and free speech principles with respect to online services in light of the events of the last few weeks.
And I have thoughts (MY OWN). So, I’m sorry ... a thread 1/25
One of the main reasons I think users are best served by a recognition that social media services have 1st Amendment rights to curate the content on their sites is because many users want filtered content, either by topic, or by behavior, or other. 2/
So online services should have the right to do this filtering, and to give their users the tools to do so too. For more detail see our Prager U amicus brief https://t.co/73PswB9Q7Q 3/
So, I disagree with my friends (and others) who say that every online service should apply First Amendment rules, even though they cannot be required to do so. There are both practical and policy reasons why I don’t like this. 4/
Most obviously, the 1st Amendment reflects only one national legal system when this is inherently an international issue. So it’s politically messy, even if you think a 1st Amendment-based policy will be most speech-protective (though probably only non-sexual speakers). 5/
And I have thoughts (MY OWN). So, I’m sorry ... a thread 1/25
One of the main reasons I think users are best served by a recognition that social media services have 1st Amendment rights to curate the content on their sites is because many users want filtered content, either by topic, or by behavior, or other. 2/
So online services should have the right to do this filtering, and to give their users the tools to do so too. For more detail see our Prager U amicus brief https://t.co/73PswB9Q7Q 3/
So, I disagree with my friends (and others) who say that every online service should apply First Amendment rules, even though they cannot be required to do so. There are both practical and policy reasons why I don’t like this. 4/
Most obviously, the 1st Amendment reflects only one national legal system when this is inherently an international issue. So it’s politically messy, even if you think a 1st Amendment-based policy will be most speech-protective (though probably only non-sexual speakers). 5/
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#ArudraDarisanam
Unique Natarajar made of emerlad is abt 6 feet tall.
It is always covered with sandal paste.Only on Thriuvadhirai Star in month Margazhi-Nataraja can be worshipped without sandal paste.
After removing the sandal paste,day long rituals & various abhishekam will be https://t.co/e1Ye8DrNWb day Maragatha Nataraja sannandhi will be closed after anointing the murthi with fresh sandal paste.Maragatha Natarajar is covered with sandal paste throughout the year
as Emerald has scientific property of its molecules getting disturbed when exposed to light/water/sound.This is an ancient Shiva temple considered to be 3000 years old -believed to be where Bhagwan Shiva gave Veda gyaana to Parvati Devi.This temple has some stunning sculptures.
#ArudraDarisanam
Unique Natarajar made of emerlad is abt 6 feet tall.
It is always covered with sandal paste.Only on Thriuvadhirai Star in month Margazhi-Nataraja can be worshipped without sandal paste.
After removing the sandal paste,day long rituals & various abhishekam will be https://t.co/e1Ye8DrNWb day Maragatha Nataraja sannandhi will be closed after anointing the murthi with fresh sandal paste.Maragatha Natarajar is covered with sandal paste throughout the year
as Emerald has scientific property of its molecules getting disturbed when exposed to light/water/sound.This is an ancient Shiva temple considered to be 3000 years old -believed to be where Bhagwan Shiva gave Veda gyaana to Parvati Devi.This temple has some stunning sculptures.
