Sibal : When they issue a notice under Section 50 when there is no predicate offence...
Justice Khanna : The fact that you are not involved in the main matter is not of relevance. Main offence is complete the moment it is done...
Sibal : Retrospectivity under Section 3 is a big problem.
Justice Khanna : There are nuances in Section 3 which probably have to be ironed out. Generation is one question which came up. Generation takes place in 1999 and the possession is retained. Will it be an offence now? The judgment does not answer it. It says 'may be'.
Sibal : These scheduled offences do not emanate from conventions at all. (International) Conventions are on drug money and terrorism.
Now next point is retrospectivity.
Justice Kaul : How many schedule offences are there?
Sibal : Many. Conventions are restricted to drug money and terrorism. Here copyright is a scheduled offence; counterfeiting is a scheduled offence.
Justice Kaul : How many scheduled offences are there internationally?
Sibal : There is no schedule. Each member country is free to make their laws.
Justice Kaul : Is it your case that your statute is not in conformity with international treaties?
Sibal : My case is that the statute is not in conformity with the Indian Constitution.
Justice Kaul : Sibal, I have couple of questions. We take it all issues have been addressed. You feel that nuance has not been correctly understood.
Sibal : Not nuance. It is contrary to all canons of interpretation that this judgment has been rendered.
SG : Section 3 is not under challenge.
Justice Kaul : Today what you feel is opening the case means allowing the case. We have questions to him.
Sibal : Then the twin conditions for bail. How do I defend myself when I don't have any information?
Justice Trivedi : According to you all these issues have been wrongly considered.