The Supreme Court to resume hearing today AAP leader Manish Sisodia’s bail applications in relation to CBI/ED cases over alleged Delhi liquor policy scam. A bench comprising Justice Sanjiv Khanna and Justice SVN Bhatti is hearing the matter.Yesterday, the bench had asked why Aam Aadmi Party was not made an accused in the case, though it is alleged to be the beneficiary.ED will respond to...
The Supreme Court to resume hearing today AAP leader Manish Sisodia’s bail applications in relation to CBI/ED cases over alleged Delhi liquor policy scam.
A bench comprising Justice Sanjiv Khanna and Justice SVN Bhatti is hearing the matter.
Yesterday, the bench had asked why Aam Aadmi Party was not made an accused in the case, though it is alleged to be the beneficiary.
ED will respond to this query today. Follow this page for live updates from the hearing.
Justice Khanna: Mr Singhvi, normally we don't go so deep in bail matters but they have pointed out several issues which according to them disclose a criminal offence. The second part is with regards to PMLA. The only question in that is whether Sec 3 can be invoked or not.
The bench has risen for the day. The matter will now be taken up on next Thursday (12.10.2023)
Justice Khanna: Monday, Tuesday would be difficult...that Bihar matter is also coming, caste census matter. Thursday then.
Justice Khanna: How much more time do you want?
ASG: Half an hour or 40 mins
ASG: Abetment is assisting and is treated as same offence
Justice Khanna: Conspiracy is not a part of this. Conspiracy is a separate offence altogether.
Justice Khanna: Conspiracy is not specifically made applicable or incorporated in PMLA.
Justice Khanna: Assisting, knowing, indirectly attempting - attempt would be before the offence is committed...I don't understand how attempt would be because there cannot be attempt to proceeds of crime.
Justice Khanna: When you give bribe, you're involved in the activity connected to the proceeds of crime. Suppose, let's assume, ultimately no money is passed on. Will PMLA trigger? What triggers in PMLA is proceeds of crime
Justice Khanna: PMLA will be triggered after proceeds of crime are given or paid. You have to connect the person concerned with the proceeds of crimes, directly or indirectly.
Justice Khanna: Abetment, it may be. But as a principal offender it will be a different situation. Is abetment or conspiracy part of PMLA or is it separate offences?
ASG: He is involved in a process or activity which is connected to the proceeds of crime.
Justice Khanna: There are some provisions under PMLA or IPC where generation itself is an offence- kidnapping, asking for ransom - generation is an offence. But the standard of Madanlal is about principal offence- how the money is used.
ASG: He is instrumental in generation. Had you put your foot down and not allowed the policy...
Justice Khanna: Generation is not an offence specifically...
ASG: Unless the money is generated you can't put it to use.
ASG: He is instrumental in generation. Had you put your foot down and not allowed the policy...
Justice Khanna: Generation is not an offence specifically...
ASG: Unless the money is generated you can't put it to use.
Justice Khanna: Generation is not a part of it. Concealment is a part of it. Possibly you can bring it under concealement, I don't know. That's why I said- Abetment is separate, vicarious liability is separate, principal offender may be someone separate.