Judge: Yes, I agree with that. (Now there is an exchange in lighter vein between KS and the judge. KS says, CVKJ is both a wise and wise looking judge after the judge said that a wise looking judge need not necessarily be a wise judge).

[7/11, 10:53] sekarreporter1: [7/11, 10:44] sekarreporter1: Sibal- The proceeds of that crime are in the hands of accused and he uses it by seeking to convert it into normal money. It’s like putting clothes in the washing machiene and it coming out clean. There’s “laundering” Laundering would involve the fact that I may be in possession of money, which I may launder and therefore I’ll be investigated. #MadrasHC #SenthilBalaji [7/11, 10:44] sekarreporter1: Sibal- The investigation is to be done by ED. But I need to have that material in my possession which would allow them to investigate. They can’t start investigation to know if I have material. That is why there is a difference between the definition of proceeds of crime and money laundering. #MadrasHC #SenthilBalaji [7/11, 10:45] sekarreporter1: Sibal- In the facts of this case, there’s nothing on record to show that they had such information. They have been acting like an authority investigating predicate offence. How did the Directorate get into this when no material is shown. #MadrasHC #SenthilBalaji [7/11, 10:46] sekarreporter1: Sibal reads out the definitions of Proceeds of crime and money laundering. Sibal- So, the Officers must have info that I am projecting something as untainted when it is tainted. #MadrasHC #SenthilBalaji https://sekarreporter.com/7-11-1044-sekarreporter1-sibal-the-proceeds-of-that-crime-are-in-the-hands-of-accused-and-he-uses-it-by-seeking-to-convert-it-into-normal-money-its-like-putting-clothes-in-the-washing-machien/
[7/11, 10:53] sekarreporter1: Sibal- There’s no finding, any prima facie evidence.
Justice Karthikeyan- It says reason to believe, so it’s their objective satisfaction.
Sibal- Yes your honor, but that objective satisfaction should be based on some objective fact. He cannot arrest me without any material in my possession
#MadrasHC #SenthilBalaji
[7/11, 11:07] sekarreporter1: Judge: There are two questions. One is that he is arrested. Second is the power to take into custody. The third, the main fulcrum of HCP is that he is arrested by the procedures required had not been scrupulously followed and therefore arrest is vitiated and therefore HCP lies
[7/11, 11:12] sekarreporter1: Justice Karthikeyan: Are you on the point that there’s no right to arrest, or, on the breach of procedure during arrest, or, that ED has no right to seek custody after arrest?

Sibal: With the third point. They have a power of arrest under 19.

#SenthilBalaji
#MadrasHighCourt
[7/11, 11:17] sekarreporter1: Sibal- There is no provision to summon here. section 16 and 17 starts with search and seizure. And Section 18 is search of persons. Section 19 is powers of arrest. So there is no provision to summon.
#MadrasHC #SenthilBalaji
[7/11, 11:25] sekarreporter1: Court: The Magistrate has power to remand to judicial custody in this case?

Sibal: The power to remand judicial custodynis always there. But there is no power to remand to police custody.

#SenthilBalaji
[7/11, 11:34] sekarreporter1: KS: With this I close my arguments on PMLA. I will go to remand order before that I may indicate that if I succeed in proving that ED is not entitled to subject anyone to custodial interrogation, the issue of interrogation beyond 15 days need not be gone into
[7/11, 11:35] sekarreporter1: Judge: Yes, I agree with that.
(Now there is an exchange in lighter vein between KS and the judge. KS says, CVKJ is both a wise and wise looking judge after the judge said that a wise looking judge need not necessarily be a wise judge).