edSG says, the Sessions Court’s order to subject the Minister to custodial interrogation at the hospital after obtaining doctors’ opinion on his fitness had made the interrogation an impossibility.
[6/27, 14:45] sekarreporter1: Post lunch, Justices J Nisha Banu & D Bharatha Chakravarthy of #MadrasHC resume hearing on HCP filed by arrested Minister V Senthilbalaji’s wife Megala. Solicitor General Tushar Mehta continues his arguments opposing the HCP on behalf of Enforcement Directorate @THChennai
[6/27, 14:48] sekarreporter1: I have show arrest falls under Section 19 of PMLA. It is a separate provision but let us take Section 41A of Cr.P.C. Now, I am assisting your lordship to see why SC said, Section 41 need not be complied with, SG says.
[6/27, 14:51] sekarreporter1: #BREAKING | செந்தில்பாலாஜி ஆட்கொணர்வு மனு – சென்னை உயர்நீதிமன்றத்தில் மீண்டும் விசாரணை தொடக்கம்
அமலாக்கத்துறை தரப்பில் சொலிசிட்டர் ஜெனரல் துஷார் மேத்தா வாதங்களை தொடங்கினார்
#SenthilBalaji #ChennaiHC #EDRaid
[6/27, 14:52] sekarreporter1: There is a distinction between power of arrest under CrPC & PMLA. Under PMLA, I require material to arrest, reason to believe that offence has been committed & recording of reasons. Section 19 of PMLA has inbuilt safeguards. Therefore Section 41A of Cr.PC will not apply, he says
[6/27, 14:54] sekarreporter1: Now if a police officer does not want to arrest, then he has to issue notice under Section 41 of CrPC. But in this case, from the beginning we wanted to arrest him and it is our case that he needs to be arrested for good reasons and not on ipse dixit, Mr. Mehta says.
[6/27, 14:55] sekarreporter1: Now if a police officer does not want to arrest, then he has to issue notice under Section 41 of CrPC. But in this case, from the beginning we wanted to arrest him and it is our case that he needs to be arrested for good reasons and not on ipse dixit, Mr. Mehta says.
[6/27, 14:58] sekarreporter1: My consistent stand taken, right from the beginning, is that the Minister is not cooperating with the investigation and that he is not responding to summons and not answering questions, SG says.
[6/27, 15:10] sekarreporter1: Even if it is considered that Section 41A of CrPC applies, it will certainly not apply to the facts of this case where the witnesses had been won over by the accused, the SG adds.
[6/27, 15:10] sekarreporter1: SG says all provisions of CrPC will apply in money laundering cases too as long as they are not inconsistent with the provisions of PMLA. Only inconsistent provisions will not apply.
[6/27, 15:10] sekarreporter1: SG is now reading Supreme Court judgement in T. Govindaraja Mudaliar case. Now, he comes to the argument on non supply of reasons and says, he would invite the attention of the Division Bench to two or three more judgements of the Supreme Court.
[6/27, 15:41] sekarreporter1: We have a Supreme Court judgement as well as three other judicial orders passed by the Sessions Judge holding that there is a prima facie case against the Minister, the SG says while assuring the court that he would conclude his arguments in some time.
[6/27, 15:41] sekarreporter1: SG says, he missed to read one important point from Sessions Court’s June 16 custodial interrogation order. Requests the Bench to go back and read that point. Judges take the papers and spot the June 16 order.
[6/27, 15:41] sekarreporter1: SG says, the Sessions Court’s order to subject the Minister to custodial interrogation at the hospital after obtaining doctors’ opinion on his fitness had made the interrogation an impossibility.
