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
Holy Shit. Florida GOPer caught on tape telling fellow FL GOPers to make false voter registrations in Georgia so they could vote to save Loeffler and Perdue. He in fact DID register in Georgia and is now under investigation.
2/ A pretty kickass reporter, Nicole Carr, recorded the video before the guy took it down. When she confronted him he insisted it was all a joke and of course he didn’t register in Georgia. But she checked and he had.
3/ This is Nicole Carr ...
4/ amazing. Here’s where she catches him 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤔🤔
5/ Also on the video you’ve got these ladies saying, hey wait, this can’t really be legal can it? And he’s like, yeah totally cool. Then he advises on how to create a backstory for the fake move.
2/ A pretty kickass reporter, Nicole Carr, recorded the video before the guy took it down. When she confronted him he insisted it was all a joke and of course he didn’t register in Georgia. But she checked and he had.
3/ This is Nicole Carr ...
\u201cIf that means changing your address for the next two months,so be it.I\u2019m doing that. I\u2019m moving to Georgia.\u201dOur 6 investigation reveals deleted video-a FL attorney telling GOP members how to move to GA,vote in runoffs. It\u2019s illegal.There\u2019s more,& an investigation @wsbtv #gapol pic.twitter.com/or2PgWQrT1
— Nicole Carr (@NicoleCarrWSB) December 2, 2020
4/ amazing. Here’s where she catches him 🤣🤣🤣🤣🤣🤣🤣🤣🤣🤔🤔
5/ Also on the video you’ve got these ladies saying, hey wait, this can’t really be legal can it? And he’s like, yeah totally cool. Then he advises on how to create a backstory for the fake move.
A Call for Help!
1. we have a petition/open letter for the WHO
https://t.co/Bie8pUy7WJ
2. 372 people signed it but we want to boost it
3. I post link ascomment on related YT videos
Tks @KevinMcH3 for the tip
4. You can help by liking the comments
5. That will increase visibility!
6. Links for YT videos with comments are here
1. China curtails hunt for virus origins
https://t.co/NhcYdtsd2Y
2. China: nearly 500,000 may have been infected in Wuhan
https://t.co/KRUQ5hFrii
3. WHO becomes US-China battleground | DW Documentary
https://t.co/8ah8M8bpiB
4. Gravitas: The 'hidden hunt' for COVID-19 origins
https://t.co/hHhhUqgPYt
5. Seeking the invisible: hunt for origins of deadly Covid-19 coronavirus will take scientists to Wuhan
https://t.co/tCPQqjUZF3
6. WHO team to probe COVID-19 origins in
7. How forensic researchers track down origins of SARS-CoV2
https://t.co/r7A1lkr5li
8. Bats, roadblocks & the origins of coronavirus - BBC
https://t.co/Kh9jacC54t
9. New coronavirus strain is far more infectious and spreading among young - BBC
10. https://t.co/OcpAZ9nrl3
11. https://t.co/OcpAZ9nrl3
12. https://t.co/OcpAZ9nrl3
13. https://t.co/PhmoSfvbD8
14. https://t.co/TsvB7SYN2c
15. https://t.co/0o5YbmiUbJ
16. https://t.co/ir7QiwmlWt
17. https://t.co/PTT3KZDi8F
18.
1. we have a petition/open letter for the WHO
https://t.co/Bie8pUy7WJ
2. 372 people signed it but we want to boost it
3. I post link ascomment on related YT videos
Tks @KevinMcH3 for the tip
4. You can help by liking the comments
5. That will increase visibility!
6. Links for YT videos with comments are here
1. China curtails hunt for virus origins
https://t.co/NhcYdtsd2Y
2. China: nearly 500,000 may have been infected in Wuhan
https://t.co/KRUQ5hFrii
3. WHO becomes US-China battleground | DW Documentary
https://t.co/8ah8M8bpiB
4. Gravitas: The 'hidden hunt' for COVID-19 origins
https://t.co/hHhhUqgPYt
5. Seeking the invisible: hunt for origins of deadly Covid-19 coronavirus will take scientists to Wuhan
https://t.co/tCPQqjUZF3
6. WHO team to probe COVID-19 origins in
7. How forensic researchers track down origins of SARS-CoV2
https://t.co/r7A1lkr5li
8. Bats, roadblocks & the origins of coronavirus - BBC
https://t.co/Kh9jacC54t
9. New coronavirus strain is far more infectious and spreading among young - BBC
10. https://t.co/OcpAZ9nrl3
11. https://t.co/OcpAZ9nrl3
12. https://t.co/OcpAZ9nrl3
13. https://t.co/PhmoSfvbD8
14. https://t.co/TsvB7SYN2c
15. https://t.co/0o5YbmiUbJ
16. https://t.co/ir7QiwmlWt
17. https://t.co/PTT3KZDi8F
18.
One of the judges this story mentions is William Cassidy, who was promoted from an Atlanta IJ position to a BIA member position in 2019 by the Trump DOJ. Cassidy has an awful history that has been well-documented, but I'm still enraged reading this reporting.
The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.
A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.
One way Cassidy could avoid discipline is by turning off the recording device during the hearing. If he made a lewd or offensive comment off the record, all the EOIR would do is listen to the recording. If it's not there, the complaint is "unsubstantiated" https://t.co/wUeBPEEbpV
In that case, Cassidy joked about a detained immigrant saying he missed his wife. The complaint was dismissed because the ACIJ found "no levity or joking" in the comment.
\U0001f6a8New investigation: \U0001f6a8
— Tal Kopan (@TalKopan) January 22, 2021
How sexual harassment and misconduct has been allowed to flourish in the immigration courts, a system intended to give immigrants a fair chance to stay in the U.S.:https://t.co/Lw8hpK5jSe
The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.
A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.
One way Cassidy could avoid discipline is by turning off the recording device during the hearing. If he made a lewd or offensive comment off the record, all the EOIR would do is listen to the recording. If it's not there, the complaint is "unsubstantiated" https://t.co/wUeBPEEbpV
In that case, Cassidy joked about a detained immigrant saying he missed his wife. The complaint was dismissed because the ACIJ found "no levity or joking" in the comment.
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The YouTube algorithm that I helped build in 2011 still recommends the flat earth theory by the *hundreds of millions*. This investigation by @RawStory shows some of the real-life consequences of this badly designed AI.
This spring at SxSW, @SusanWojcicki promised "Wikipedia snippets" on debated videos. But they didn't put them on flat earth videos, and instead @YouTube is promoting merchandising such as "NASA lies - Never Trust a Snake". 2/
A few example of flat earth videos that were promoted by YouTube #today:
https://t.co/TumQiX2tlj 3/
https://t.co/uAORIJ5BYX 4/
https://t.co/yOGZ0pLfHG 5/
Flat Earth conference attendees explain how they have been brainwashed by YouTube and Infowarshttps://t.co/gqZwGXPOoc
— Raw Story (@RawStory) November 18, 2018
This spring at SxSW, @SusanWojcicki promised "Wikipedia snippets" on debated videos. But they didn't put them on flat earth videos, and instead @YouTube is promoting merchandising such as "NASA lies - Never Trust a Snake". 2/
A few example of flat earth videos that were promoted by YouTube #today:
https://t.co/TumQiX2tlj 3/
https://t.co/uAORIJ5BYX 4/
https://t.co/yOGZ0pLfHG 5/