Sr Adv AM Singhvi: In innumerable cases, S120B is added as a stand-alone offence.
Khanna J: That issue came up before me. I said S 120B is colourless, it will only be an offence with a parent offence. Therefore, unless parent offence is included, S 120B standalone will not make it...
Khanna J says though 120B is a stand-alone offence, ED can't invoke PMLA citing 120B, when the alleged conspiracy is not related to a scheduled offence.
Sibal: Through the explanation to Section 3, they changed the meaning of the provision, changing 'and' to 'or'. This was upheld as clarificatory in Vijay Madanlal.
Khanna J: Right from the beginning?
Sibal: Now they say it's retrospective.
Sibal: I've linked S 19 with S 50. I'm not challenging S 19, but I'm saying the whole objective of the act is to prosecute and punish me. If this is a penal statute, and these are police officers, very substratum of judgment goes.
Sibal: The impact is enormous. It affects the polity of our country because of the enormous powers...Dangerous...Even in Income Tax Act, they use it...
Khanna J: In IT Act, how can they do?
Sibal: Many such cases.
Trivedi J (to Sibal): Were you in opposition when this act was enacted in 2002?
Sibal: That's not a fair question, I'm sorry. What they have done with the act, we never did. Subsequent amendments...
Sibal: If I'm being summoned, I should be told why. If I'm involved in any predicate offence, I should be told about it. Because before the summons are executed, I may exercise my rights, for whatever they are worth.
(refers to plea by Govind Singh, Congress MLA and Madhya Pradesh assembly's leader of opposition)
Sibal: What is the material in his possession? I'm called, but I'll not know why. At no stage, am I getting the ECIR. During remand and all, I'll get to know anyway, but by then, I have lost my chance to apply for anticipatory bail. Then it's an Art 21 violation.
Sibal: ADM Jabalpur was set aside after so many years. AK Gopalan was set aside. Judgments are set aside because new paradigms emerge...liberty of the people...
Sibal: If I am being summoned by a police officer or an official having the statutory authority to record my statement, then I ought to know why and in what capacity I'm being called. Art 21 violation...
Trivedi J: You are not deprived of your personal liberty, you are just being called to assist an investigating officer. I want to know how Art 21 comes to play. Here, you are merely summoned...
Sibal: Art 21 is right to liberty. If I don't know if I'm an accused, how will I approach the court for anticipatory bail and exercise my constitutional right?
Khanna J: When you are summoned under S 41A CrPC, there are details.
Sibal: But the ED summons not under S 41A, but under the PMLA.
Khanna J: That's right.