Singhvi: My learned friend is suggesting that trial will go day-to-day without S.207 starting now? Without framing of charge of 40 accused? Why? Because it is important to keep this one person in jail? We have to be real
Singhvi: What is the trial judge to do? Not follow S.207? The judge went through all contentions...and asked how could documents not be supplied
ASG: I am only on the stage on which documents were sought
Singhvi: S.207 applies to PMLA. It's a facet of Art. 21...it guarantees fair trial.
Singhvi: This was after filing of present SLP. How can trial even commence without supply of documents? The argument is if they can't keep me back on delay, keep me back on tampering
Singhvi: ED and CBI proceeded to investigate matter for last 2 years. 3 prosecution complaints filed in May-June. 1000s of documents served on 26 July, 2024
Singhvi: Provision under S.436A should not be considered as a mandate that bail should not be granted until incarceration has been suffered for specific period
J Gavai: Maximum sentence is 7 yrs
Singhvi: There is no proof Vijay Nair took instructions from petitioner. No Whatsapp chats about me. They are talking general. No proof of being involved with hawala operators. S. 70 has not been invoked against me, why cite it?
Singhvi: As far as profit margin (5 to 12%), cabinet decisions were taken after deliberations with many officials including then LG. First report was of 04.09.2020. Last report was of...
J Gavai: We are not going into merits
Singhvi: it was also held that pre-trial detention should not become punishment before trial. Delay has to be read into S.45 PMLA, as constitutional mandate under Art. 21 is higher and trumps S.45 PMLA.
Singhvi: They say merits were decided. But this court clarified that bail was not granted at that stage. Court expressed concern about petitioner's prolonged incarceration