Live Law
2023-11-22 06:05:28.0
Khanna J: Your first question is that Vijay Madanlal holding that PMLA is a sui generis statute and as such the self-incrimination bar would not apply is wrong...
Sibal: Not just that, there is a distinction between inquiry and investigation in S 50 itself. But the court holds that there is no distinction. How can the provision be interpreted this way? There are separate definitions. I'm raising fundamental questions regarding the rule of law.
Sibal: Your Lordships will have to decide whether an explanation in the statute can override the main provision (Section 3). The court says no, it's clarificatory, and therefore, the meaning of the section changes.
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