Watched the whole video. It helps me so much to listen and revisit all that I've personally experienced as a lawyer who practiced in various PMLA cases in India. After studying the UK's Anti Money Laundering regime, I feel so appalled learning the fact that India's PMLA has a draconian nature when it comes to Civil confiscations (provisional attachments) whereas civil confiscations are rarely used during investigations in the UK because the State agencies fear a counter-case which a defendant (Accused) may file, if exonerated of the charges leveled upon them, thus, making State agencies liable to pay huge amounts as compensation to the acquitted defendant.
V important knowledge. Should be taught to all citizens at school level in social studies. Basic legal procedures and rights of citizens and prevention of criminal abuse of every citizen . Will create interest towards law at that stage and also help citizens respect law right from teenage.
कपिल सिब्बल जी, आपका ध्यान 2008 की govt, of India press की भर्ती प्रक्रिया पे दिलाना चाहता हूँ जिसमे न्याय पृक्रिया मे सभी अफ़सर cleanchit और नौकरी पाने वाले दोषी, पूरी भर्ती प्रक्रिया रद, फ़िर भी उसी भर्ती मे एक राज्य के लोग नौकरी कर रहे हैं
The lawyers of the country are requested to make a seminar to discuss on the PMLA and resolve to convey the Law Commission to review the very law and remove the provisions in it those are against the human right .
If the person is not accused & makes various statements to authorities the said person can claim that statements made earlier are not statemenents made under the PMLA but otherwise are not having any relevance with the case.Apex court has to give directions accordingly.
If ECIR (in place of normal FIR) is kept secret from the accused. In this aspect what was being done by the Opposition while the PMLA Act was being passed by the ruling dispensation as PMLA Act.
Some need this law to imprison his political rivels through ED. In this act proceeds of crime is not properly defined. Totally this law is unconstitutional ans immoral. Needs urgent struck down.
Good One. But I didn't like the last word of Kapil Sibal Sir "Ab kya kia jaye". Only problem part has been discussed. Hope the next session on PMLA would be solution centric.
Who drafted this PMLA to become law. What about the Supreme court's decision on this Law. According to rule of law to give judgment guilt has to be proven. If guilt is not proven there is no case. This shows PMLA is completely wrong and CJI should take action against the people who drafted this law.
Actually this law PMLA is unconstitutional (Art 21) and immoral. It is a law enacted to punish political opponents through ED. SEC 24 nonsense. Proceeds of crime nonsense, sec 3, 19 nonsense. Totally this act is perverse.
Actually this law PMLA is unconstitutional (Art 21) and immoral. It is a law enacted to punish political opponents through ED. SEC 24 nonsense. Proceeds of crime nonsense, sec 3, 19 nonsense. Totally this act is perverse.
When "accused" makes a statement, whether understand caution or otherwise, he's is expected to tell the truth, nothing but the truth and he already knows what he has said without needing a copy from ED, if that's Ed's procedure. I think that the accused has a right to request presence of lawyer before he makes any statement or answers any questions. If ED asks for copies of the tax returns, bank statements etc. it should become quite obvious to any person, unless that person is naive as Sibal seems to make it, that the questioning is going to relate to the financial affairs.
Under PMLA the ED has got specific information of predicate offence, and is in process of tracing and confirming the irregularities of PMLA; hence the person summoned is innocent and Not involved in the predicate offence either Directly or Indirectly, he/she Not entangled in any Benefits of such Predicate Offence, may be called but certainly can get Justice from Judiciary; but costs are Not Affordable to pay to the lawyers. Anyway the ED officials do not Normally issue Summons to Any Innocent, without sufficient reason, to call for Enquiry.
My understanding of the law is the petitioner has to submit all documents to the court with a copy the same to the respondent and his agent, if there is one, and then respondent submits his defence with evidence, if there is any, before the hearing proceeds. Seems very one sided without a spokesperson from ED to explain its procedure and legal powers to withhold statements made subsequently.
Now it is too late to even discuss about the same. The provisions and codes has been already used to achieve purpose of the same utilised by the BJP to great extent but politically it appears to be boomerang. Meanwhile, Congress Party in general and Chidambaram in particular is guilty of promoting these sorts of absolutist miscarriage of justice and fair temporal concept.
Mr Shibal, Kindly make sure for self and 'yesmen' that the PMLA is to deal with white colour crimes that adversely affect the financial health & security of the country. Sec 45 like draconian provision is a "must" to DULY dealt with the Docoites engaged in "LOOTING" day in and day out. Has a single illiterate & innocent person yet, been booked under the PMLA? We solicit SC to make it more stringent.
Respectfully, the very fact that you are presumed GUILTY from the moment ED approaches you... So by your argument, ofcourse won't be innocent. The bigger question is, what about the big shots who are involved in the biggest 'Loot' of the real sort... Like the central government, in case you respect the electoral bond disclosure findings.... Sir.... What about ED approaching Modi for some questioning ???
what Judicial Prudence you are talking? ??? The Indian Juridical Prudence is in pockets of 3-4 Pupil of Delhi Lutians .& few are in states.And YOU are the kingpin along with 1-2 more of your frends.
Watched the whole video. It helps me so much to listen and revisit all that I've personally experienced as a lawyer who practiced in various PMLA cases in India. After studying the UK's Anti Money Laundering regime, I feel so appalled learning the fact that India's PMLA has a draconian nature when it comes to Civil confiscations (provisional attachments) whereas civil confiscations are rarely used during investigations in the UK because the State agencies fear a counter-case which a defendant (Accused) may file, if exonerated of the charges leveled upon them, thus, making State agencies liable to pay huge amounts as compensation to the acquitted defendant.
Sir kapil sibbal,Not only the best lawyer of India but also very good human......
E
Knowledge of criminal laws and procedures are related to rights and abuse of citizens and more important than learning history!!!
You just discovered fire. Congrats
V important knowledge. Should be taught to all citizens at school level in social studies. Basic legal procedures and rights of citizens and prevention of criminal abuse of every citizen . Will create interest towards law at that stage and also help citizens respect law right from teenage.
सिब्बल साहब ये pmla 2002 का एक्ट है।उसके बाद 10 साल तक आप सत्ता में रहे तो आपने क्यों नही इस draconian लॉ को सही किया।
So many people have come to conclusions about the accused on the basis of ED cases without knowing the law! A good primer on PMLA!
This seems very draconian law !
This is threatening the corrupt people to whom you are defending
हिंदी में बात समझने के लिए शुक्रिया sir
कपिल सिब्बल जी, आपका ध्यान 2008 की govt, of India press की भर्ती प्रक्रिया पे दिलाना चाहता हूँ जिसमे न्याय पृक्रिया मे सभी अफ़सर cleanchit और नौकरी पाने वाले दोषी, पूरी भर्ती प्रक्रिया रद, फ़िर भी उसी भर्ती मे एक राज्य के लोग नौकरी कर रहे हैं
सुप्रीम कोर्ट इस रूल को असंवैधानिक क्यो नही कर देता ।
Thanks for discussing all of it in Hindi.
बेसिक कानून का उल्लंघन है , फिर भी सुप्रीम कोर्ट उसे असंवैधानिक नहीं मानता ?!
Each looter will spend one lakh rupees per day for bail which is a huge market for legal business.We need this law ..
Circumventing or restricting courts power from making scrutiny of records amount to interference with independence of judicial process .
The lawyers of the country are requested to make a seminar
to discuss on the PMLA and resolve to convey the Law Commission to review the very law and remove the provisions in it those are against the human right .
P.M.L.A. itself is a bad law.
If the person is not accused & makes various statements to authorities the said person can claim that statements made earlier are not statemenents made under the PMLA but otherwise are not having any relevance with the case.Apex court has to give directions accordingly.
Introduced by NDA government in 2003 but implemented by Congress UPA in 2005, both politucal parties are guilty of PMLA
Genius discussion
Arrest is exception n bail is rule. So innocents found some good news after all in the ruling, but it should not be applied exceptionally 😢😢
No, comments
Denial of ECR to accused hit by Article 14/21 of Constitutional. SC judgement on issue in correct.
42:08 very important
Andha kanun Save Constitution ONLY HOPE CJI
If ECIR (in place of normal FIR) is kept secret from the accused. In this aspect what was being done by the Opposition while the PMLA Act was being passed by the ruling dispensation as PMLA Act.
Good insights.. plz also tell if any one file plea declare it unconstitutional
How are these kinds of Laws in developed Countries? Can we learn from them?
Some need this law to imprison his political rivels through ED. In this act proceeds of crime is not properly defined. Totally this law is unconstitutional ans immoral. Needs urgent struck down.
Good One. But I didn't like the last word of Kapil Sibal Sir "Ab kya kia jaye". Only problem part has been discussed. Hope the next session on PMLA would be solution centric.
Kapil Sibbal is not an expert in law. His version of interpretation of law was pro opposition. Independent unlikely
Great show
He is most corrupted lawyer in india. Shame on you sibal.
Das saal pehle aapne income tax chori ki hai toh usko apradh nahi mana jayega
Who drafted this PMLA to become law. What about the Supreme court's decision on this Law. According to rule of law to give judgment guilt has to be proven.
If guilt is not proven there is no case.
This shows PMLA is completely wrong and CJI should take action against the people who drafted this law.
Actually this law PMLA is unconstitutional (Art 21) and immoral. It is a law enacted to punish political opponents through ED. SEC 24 nonsense. Proceeds of crime nonsense, sec 3, 19 nonsense. Totally this act is perverse.
Actually this law PMLA is unconstitutional (Art 21) and immoral. It is a law enacted to punish political opponents through ED. SEC 24 nonsense. Proceeds of crime nonsense, sec 3, 19 nonsense. Totally this act is perverse.
When "accused" makes a statement, whether understand caution or otherwise, he's is expected to tell the truth, nothing but the truth and he already knows what he has said without needing a copy from ED, if that's Ed's procedure.
I think that the accused has a right to request presence of lawyer before he makes any statement or answers any questions.
If ED asks for copies of the tax returns, bank statements etc. it should become quite obvious to any person, unless that person is naive as Sibal seems to make it, that the questioning is going to relate to the financial affairs.
Everything disturbing ? When will India eradicate corruption or money laundering? Kapil Sibbal talking ?
क्या वकील कि दी हुयी वकील की फिस भी पि एम एल मे आयेगी.
Under PMLA the ED has got specific information of predicate offence, and is in process of tracing and confirming the irregularities of PMLA; hence the person summoned is innocent and Not involved in the predicate offence either Directly or Indirectly, he/she Not entangled in any Benefits of such Predicate Offence, may be called but certainly can get Justice from Judiciary; but costs are Not Affordable to pay to the lawyers. Anyway the ED officials do not Normally issue Summons to Any Innocent, without sufficient reason, to call for Enquiry.
Maine to aaj tak ordinary cases bhi bina confession ke file nahi dekha, despite police knowing, that is not admissible.
My understanding of the law is the petitioner has to submit all documents to the court with a copy the same to the respondent and his agent, if there is one, and then respondent submits his defence with evidence, if there is any, before the hearing proceeds.
Seems very one sided without a spokesperson from ED to explain its procedure and legal powers to withhold statements made subsequently.
He can be suspected accused.
Kapil sibal you have sold your sold to the devil, the most hated lawyer, only the rich and guilty like him
English subtitles please
Now it is too late to even discuss about the same. The provisions and codes has been already used to achieve purpose of the same utilised by the BJP to great extent but politically it appears to be boomerang. Meanwhile, Congress Party in general and Chidambaram in particular is guilty of promoting these sorts of absolutist miscarriage of justice and fair temporal concept.
Kya PMLA ko khriz karna chahiye ?
My comment disappeared.
mr kapil sibbal why do not you challenge vires and constitutionality of PMLA to hold it ultravires.
Mr Shibal, Kindly make sure for self and 'yesmen' that the PMLA is to deal with white colour crimes that adversely
affect the financial health &
security of the country. Sec 45 like draconian provision is a "must" to DULY dealt with the
Docoites engaged in "LOOTING" day in and day out.
Has a single illiterate & innocent person yet, been booked under the PMLA? We solicit SC to make it more stringent.
Respectfully, the very fact that you are presumed GUILTY from the moment ED approaches you... So by your argument, ofcourse won't be innocent. The bigger question is, what about the big shots who are involved in the biggest 'Loot' of the real sort... Like the central government, in case you respect the electoral bond disclosure findings.... Sir.... What about ED approaching Modi for some questioning ???
Bhrashtaachaar hi param satya hai😂😂
Horrible
Koie vhi dhara lagwaiyee
Yehi toe mera policy tha summons ka isiliye
NPA ME PMLA KYO NAHI ?
Yes corruption and corrupt should go scott free and immortality and unethical is in our DNA.....great SIBAL philosophy
Live Law is official spokesperson of kapil sibbal.
Yah Kanoon sirf pmla Modi ji apne liye lae hain
But jo kuch matter hea usme mea kuch nehi karunga
Sibal sir plz don't interrupt the guest speakers🎉🎉
Pls speak inenglish
what Judicial Prudence you are talking? ???
The Indian Juridical Prudence is in pockets of 3-4 Pupil of Delhi Lutians .& few are in states.And YOU are the kingpin along with 1-2 more of your frends.