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

ASG Anil Singh shows the SC judgement in the case of P Chidambaram vs ED to show the 'seriousness of the offence.'

ASG Anil Singh for the Enforcement Directorate now cites BombayHC judgement refusing to quash the case against former State Home Minister Anıl Deshmukh. 

ASG - My argument would be that the relief sought is in the nature of bail. Therefore 45 will have to be kept in mind. I am showing the scheme of the act and the scheme is stringent. 

ASG reads section 45(ii) of PMLA on the conditions of bail. He says those twin conditions will have to be satisfied even in this Habeas corpus petition. 

J Modak states that the difference between PMLA and MCOCA is that in MCOCA, charge sheets are required but an offence under PMLA can be registered just on the basis of registration of scheduled offence. 

J SM Modak - Without a scheduled offence there cannot be a PMLA offence.

ASG - It is for the agency to satisfy, once it's done it doesn't matter. 

J SM Modak - This is a departure from the MCOC Act where only once the charge sheet is filed in the predicate offence MCOCA can be invoked.

ASG - (PMLA and MCOCA) They are two different acts. The purpose under PMLA is to regulate offences regarding to money laundering.

ASG - Even if the predicate scheduled offence on the basis of which PMLA offence is registered is quashed, even then the PMLA offence will stand.

It doesn't matter want happens in the scheduled offence.

ASG reading section 44(1)(b) of PMLA on offences available by the special court.

ASG - My contention is the offence of money laundering is a separate and independent offence. Because this will have no bearing on what happens in the scheduled offence. 

ASG - There is a positive presumption in the favour of the agency. It's a reverse burden of proof.