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
Today the superior court will hear oral arguments in Midtown Citizens Coalition v. Municipality of Anchorage. "MCC" is an unofficial group that opposes the recall of Assembly member Felix Rivera. The question is whether the Muni properly certified the recall petition. #aklaw
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”
3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."
Oral argument in scheduled for January 21 at 3 pm in this case & will be telephonic. To listen, call 1-800-768-2983, code: 2640561#. Alternate phone numbers if the toll-free number gives you trouble: 1-907-206-2349 or 1-913-904-9867 or 1-212-231-3884.
— Alaska Court System (@AlaskaCourt) January 20, 2021
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”
3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."
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