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
#LIVE Delhi High Court Women Lawyers Forum in Association with LiveLaw is conducting a Webinar on the topic 'Attack On Love Marriages And Freedom Of Choice'.
#FreedomOfChoice
Watch the Webinar live at :
YouTube link: https://t.co/l074foe9RA
Facebook link:
https://t.co/d0m3h0Ut1w
Instagram Link:
Advocate Kajal Chandra begins the webinar and introduces the panelist Justice AP Shah, Delhi High Court’s Former Chief Justice. Advocate Gayatri Virmani introduces Human Rights Activist Jagmati Sangwan.
#FreedomOfChoice
The moderator Adv Chandra questions Justice Shah: Do the freedom of Religious ordinance of laws stand the test of Constitutionality and in your opinion, do they violate the fundamental right of liberty including the freedom to choose? #FreedomOfOpinion
Delhi High Court’s Former Chief Justice AP Shah: This topic cannot be discussed without referring to the Indian Constitution that guarantees Justice, Liberty, Equality and Fraternity and protects dignity of individual and Unity and integrity of the Nation. #FreedomOfChoice
#FreedomOfChoice
Watch the Webinar live at :
YouTube link: https://t.co/l074foe9RA
Facebook link:
https://t.co/d0m3h0Ut1w
Instagram Link:
Advocate Kajal Chandra begins the webinar and introduces the panelist Justice AP Shah, Delhi High Court’s Former Chief Justice. Advocate Gayatri Virmani introduces Human Rights Activist Jagmati Sangwan.
#FreedomOfChoice
The moderator Adv Chandra questions Justice Shah: Do the freedom of Religious ordinance of laws stand the test of Constitutionality and in your opinion, do they violate the fundamental right of liberty including the freedom to choose? #FreedomOfOpinion
Delhi High Court’s Former Chief Justice AP Shah: This topic cannot be discussed without referring to the Indian Constitution that guarantees Justice, Liberty, Equality and Fraternity and protects dignity of individual and Unity and integrity of the Nation. #FreedomOfChoice
More from Law
A Warning:
The 'Freeports' in at least 10 locations in Britain will evolve into Charter Cities with their own laws. They will NOT be legally bound to ANY of the trade agreements between the UK and EU or any other country. They will be used to bypass all International scrutiny
'Sovereign UK' makes deal with Charter city (physically but NOT legally part of the UK) which then trades to other countries OUTSIDE of the constraints of International laws
Thus bypassing all restrictions , tariff, tax, human rights, climate change legislation - everything
https://t.co/f35zFvkCHQ
The 'Freeports' in at least 10 locations in Britain will evolve into Charter Cities with their own laws. They will NOT be legally bound to ANY of the trade agreements between the UK and EU or any other country. They will be used to bypass all International scrutiny
'Sovereign UK' makes deal with Charter city (physically but NOT legally part of the UK) which then trades to other countries OUTSIDE of the constraints of International laws
Thus bypassing all restrictions , tariff, tax, human rights, climate change legislation - everything
https://t.co/f35zFvkCHQ
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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Krugman is, of course, right about this. BUT, note that universities can do a lot to revitalize declining and rural regions.
See this thing that @lymanstoneky wrote:
And see this thing that I wrote:
And see this book that @JamesFallows wrote:
And see this other thing that I wrote:
One thing I've been noticing about responses to today's column is that many people still don't get how strong the forces behind regional divergence are, and how hard to reverse 1/ https://t.co/Ft2aH1NcQt
— Paul Krugman (@paulkrugman) November 20, 2018
See this thing that @lymanstoneky wrote:
And see this thing that I wrote:
And see this book that @JamesFallows wrote:
And see this other thing that I wrote: