Live Law

2021-03-31 07:29:19.0


  • Live Law


    @LiveLawIndia


    ·


    16m


    Solicitor General : Your lordships have several contemporaneous records, judicial proceedings, which are now sought to be overturned, on a farcical preliminary enquiry, based on statements of "invisible lady officers".


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    15m


    Solicitor General : The correct legal opinion should have been approach the Special Court which has taken cognizance of the matter.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    14m


    Solicitor General : If this sort of FIR is allowed, a central agency will not be do fair and fearless investigation in a State. This is the wider question.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    13m


    Solicitor General : This is barred by law. One investigating agency cannot nullify the investigation by another agency.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    12m


    Solicitor General : The concept of cooperative federalism is that state and central agencies act in tandem against perpetrators of crime, and not nullify each other.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    11m


    Solicitor General quotes from a Supreme Court precedent on 'cooperative federalism'.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    6m


    Solicitor General refers to SC decisions in (1971) 2 SCC 376, (2020) 5 SCC 782.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    4m


    SG : This is a situation where an investigation agency is saying that the investigation is destroyed. The FIR is illegal and violates even Article 21.


    SG concludes.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    3m


    Now ASG SV Raju takes over.


    'By invoking Section 116 IPC, the FIR itself admits that no offence is made out'


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    ·


    2m


    ASG Raju : 116 can be invoked only if the offence is not committed. It cannot be invoked if the offence is committed. Therefore, there is an admission that offence has not been committed.


    #KeralaHighCourt #ED #KeralaPolice


    Live Law


    @LiveLawIndia


    Replying to


    ASG Raju : There is not a whisper in the FIR that an incorrect document has been framed. The ingredients of Section 167IPC are also not made out.




    Next Story