No Stay for the Coming Trial Proceedings in 2G PMLA Case: Says Supreme Court

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On 17th of November, the Supreme Court clarified that the Court will not stay on the trial proceedings of the money laundering case that was the result of 2G scam. The case is posted on 26th November which is filed for quashing the charges against the accused. The Court made it clear that the trial will not be stayed. Justice H L Dattu was giving his orders when submissions were made by the lawyer appearing for the accused. When the matter was heard, the advocate challenged the validity of the charges framed by lower court as per the statements that are recorded by the officials of Enforcement Directorate. The charged were questioned according to Section 50 of the Prevention of the Money Laundering Act.

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He further submitted before the Court that the statements documented by the Enforcement Directorate in accordance with Section 50 cannot be taken in as evidence as it is similar to the statement which is recorded as per the provisions of Section 161 of Criminal Procedure Code. The bench further embraced of Justice M B Lokur and Justice A K Sikri, prior to the hearing of the case on 26th November. The Court also said that once stay is not granted for trial, the Court cannot say that specific evidence cannot be considered.

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The eminent lawyers Kapil Sibal and Harish Salve appeared for some of the accused made it understandable that the plea was not for staying trial. But they were trying to get clarification regarding the filing of appeal in the money laundering case.  This confusion was due to the verdict of the Supreme Court that the appeal filed against the order of the special court shall be made only before the Apex Court. Here, the accused approached the Court to set aside the order on framing of charges. On 31st of October, the special court asked for framing charges against 19 accused as per the Prevention of Money Laundering Act. The Court said that there lies a case at the first instance that they had involved on parking of unlawful gratification of rupees 200 crores in Kalaignar TV.