Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 3] - LIVE UPDATES

ASG- The last submission as far as the arrest order is concerned... last two lines of para 66 of Navlakha's judgement.

J Modak- So you are saying these (bail) conditions need to be satisfied even during habeas corpus? 

ASG compares possession of proceeds of crime to possession under the NDPS Act.

ASG- If possession is of proceeds of crime, how can they say they are not aware.

ASG reads the finance minister's speech reading the explanation of section 3 after the amendment adding "possession" and "concealment" to the schedule of PMLA.

HC - So you are saying it (amendment) is only a clarification.

HC - Your case is that under the garb of continuing offence you cannot take away the liberties of an individual?

Desai - There are two aspects. On merits it will have to be separately looked at. The matter is that on the day it was not an offence. Since it's a draconian legislation the threshold of checks is very high. 

HC - You can just invite our attention to judgements to substantiate your submission.

Based on Mr. Desai's submission, you can show how there is compliance of sec 19.

ASG- Why to we say continuing offence? Because Money Laundering involves layers.. Scheme of PMLA also says it is continuing. It doesn't end with a single act.

ASG- AS far as the amendment is concerned, it merely clarifies what the Act intended from the beginning.

So the amendment cannot be called a change or addition. It is the same offence, it just clarifies the process or activity.  

ASG- The plain reading of the section contemplates that money laundering offence is a continuing offence. Today my lord is not considering the vires of the proviso.

So how can there be relief claimed contrary to the provisions of the act. 

ASG- My submission without prejudice is...

ASG on the point of 'continuing offence' under section 3 of PMLA.