PMLA Judgment Reconsideration : Live Updates From Supreme Court [Day 2]

Singhvi: There will be additional facets not specifically raised in Vijay Madanlal. If Your Lordship is referring x, you will have to refer that additional facet as well...

Khanna J: Inclusion of Section 120B...Challenge...This comprises offences punishable by 6 months.

Singhvi: Income tax is not in the schedule. Now suppose someone conceals income and there's some accommodation entry. For that, you invoke Section 120B...Man conceals income, you can only proceed on basis of IT Act. But the moment there's an accommodation entry...

Khanna J: That's why we said we'll have to flag them.

Khanna J: Suppose a new point is raised relating to S 45 or any other constitutional vires on a new point...Vijay Madanlal upheld the constitutional validity of certain provisions. Can a three-judges bench go into that question?

Khanna J: A new proposition not raised in Vijay Madanlal relating to one of the provisions whose vires was upheld in Vijay Madanlal...Can a three-judge bench take a different view, or must it refer it to five judges?

Bench discusses.

Singhvi: I am arguing Sanjay Chhabaria's petition. Section 45 deserves Your Lordship's special attention, because this is the heart and soul of this...

Sankaranarayanan: I'm standing here and saying that this submission was made.

ASG Raju: I have never made that submission.

SG Mehta: Absolutely wrong...

Sibal: Learned judge knows what happened...

Kaul J: It doesn't bother me either way.

Khanna J: It should not look like we don't want to deal with it. We do want to deal with it, but we'll need proper assistance.

Sr Adv Gopal Sankaranarayanan: The other side said that they did not want this to be heard here. ASG Raju said that...

ASG Raju: Shocking that such a submission is made. I made no such statement. 

Khanna J: Third issue is, what is the value of Section 3 of the PMLA when it comes to property...You have not touched upon that, but you have to...These are new points. In the course of the argument, there will be other new points. Even Section 120B will require to be studied...

Sibal: We'll answer all that.

Khanna J: But he'll also need to assist the court.

Kaul J: The difficulty is, I have a deadline. And beyond a point, I don't want to take a deadline...

Khanna J says he doesn't want piecemeal adjudication.

Kaul J: If we are referring to five judges, the issue will have to be flagged. We can't ask them to review the whole judgment. I don't think we'll have to express our own views.  

Khanna J: Offence of conspiracy comes to an end the moment is committed, then it becomes abetment. The issue which arises is whether Section 120B if invoked, where substantial offence is not in the schedule, will it...

Khanna J: One more thing, when you look at Section 3, it doesn't talk about police officer. The issue that arises is, they have said that registration of ECIR does not make a person an accused. Whether registration of ECIR makes you an accused?

Kaul J: If it goes beyond that, I won't be able to take the burden. I have a few things to wind up.

Sibal: The request [for time] is unfair. I submitted by written submissions on 10th November. They still haven't filed a response. In any case, these are questions of law.

Khanna J: There are questions of law, that's true. But we will require their assistance from them...

Trivedi J: Let us have clarity on whether you have relied on the amendment or not.

Sr Adv Kapil Sibal: I have relied on Govind Singh, nothing outside it. I have not relied on the amendment at all. Not touched it.