Kerala High Court resumes hearing of Bail Application of M Sivasankar, Former Principal Secretary of Kerala Chief Minister

He denies ED's allegations that Sivasankar contacted customs officials to clear the baggage alleged to be containing smuggled gold.
He also tells Court that all of Swapna's statements categorically denied his client's involvement in gold smuggling, until before her arrest.
"If you don't identify the crime, how do you know it is a 'Scheduled Offence' under the PMLA from which the proceeds of crime came?": Gupta
Reads out Section 3 of PMLA:
"There has to be a predicate offence from which proceeds of crime arise, that money needs to be touched by the accused to be prosecuted"
https://t.co/sDkgKRDwp8
What is the predicate offence? PMLA is not applicable here: Gupta
The Project was a private contract, how are they saying that a government servant received kickbacks from it?: Gupta
Read S. 45 here: https://t.co/Y9emmHQIfa
(This Section was amended in 2018.)
Gupta refers to SC's verdict in Nikesh Tarachand Shah v. UoI where it was held that S. 45 is manifestly arbitrary and contravenes Art 14.
Gupta submits that 2018 amendment has not removed the problem.

Read here:
https://t.co/p8ykH5Z56P

Says that they are social acquaintances & merely because Sivasankar sought accommodation for Swapna, Respondents are making an impression that it was to keep proceeds of crime
Gupta: If this is to be read without any external allegations in mind, there is nothing suspicious about it. They are trying to create impressions.
https://t.co/lWadiouGKm
More from Live Law
More from Law
We need to talk about the 'expert' witness statement evidence led by Ms Bell in her successful case before the Tavistock. THREAD
You can see who gave evidence in her support from these extracts from the Tavistock's Skeleton Argument.
Helpful for you to bear in mind that her solicitor was a man called Paul Conrathe, who has a long association with the religious right in the US (I have talked about him a number of times but this is as good a starting point as any).
I am not going to address here other criticisms that might be made of the form in which that evidence was given or the timing of its service before the court. I am just going to address, in alphabetical order, the individuals whose evidence Mr Conrathe led on Ms Bell's behalf.
The first witness, alphabetically, was Associate Professor of Sociology at the University of Oxford, Michael Biggs.
Mr Biggs was exposed for posting transphobic statements online under a fake twitter handle: @MrHenryWimbush according to this report.
You can see who gave evidence in her support from these extracts from the Tavistock's Skeleton Argument.

Helpful for you to bear in mind that her solicitor was a man called Paul Conrathe, who has a long association with the religious right in the US (I have talked about him a number of times but this is as good a starting point as any).
In this thread, I noted the lawyer acting against the Tavistock, Paul Conrathe, is using very similar arguments (those under 18 cannot consent at all; or cannot lawfully consent without x conditions) as he has run/is running in a number of cases challenging abortion rights. https://t.co/gJk4c9bUED
— Jo Maugham (@JolyonMaugham) June 21, 2020
I am not going to address here other criticisms that might be made of the form in which that evidence was given or the timing of its service before the court. I am just going to address, in alphabetical order, the individuals whose evidence Mr Conrathe led on Ms Bell's behalf.
The first witness, alphabetically, was Associate Professor of Sociology at the University of Oxford, Michael Biggs.
Mr Biggs was exposed for posting transphobic statements online under a fake twitter handle: @MrHenryWimbush according to this report.
Hot take: Courts might be able to review the legality of this impeachment, even under current political-question doctrine. Here’s why and how the issue might arise:
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
Honest Q: Some people argue in good faith that an impeachment trial after POTUS leaves office is unconstitutional. I think they\u2019re wrong. But let\u2019s say they\u2019re right, yet senate does it anyway. Does anyone seriously think SCOTUS reverses verdict (or even can)?
— Jonah Goldberg (@JonahDispatch) January 17, 2021
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
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A brief analysis and comparison of the CSS for Twitter's PWA vs Twitter's legacy desktop website. The difference is dramatic and I'll touch on some reasons why.
Legacy site *downloads* ~630 KB CSS per theme and writing direction.
6,769 rules
9,252 selectors
16.7k declarations
3,370 unique declarations
44 media queries
36 unique colors
50 unique background colors
46 unique font sizes
39 unique z-indices
https://t.co/qyl4Bt1i5x
PWA *incrementally generates* ~30 KB CSS that handles all themes and writing directions.
735 rules
740 selectors
757 declarations
730 unique declarations
0 media queries
11 unique colors
32 unique background colors
15 unique font sizes
7 unique z-indices
https://t.co/w7oNG5KUkJ
The legacy site's CSS is what happens when hundreds of people directly write CSS over many years. Specificity wars, redundancy, a house of cards that can't be fixed. The result is extremely inefficient and error-prone styling that punishes users and developers.
The PWA's CSS is generated on-demand by a JS framework that manages styles and outputs "atomic CSS". The framework can enforce strict constraints and perform optimisations, which is why the CSS is so much smaller and safer. Style conflicts and unbounded CSS growth are avoided.
Legacy site *downloads* ~630 KB CSS per theme and writing direction.
6,769 rules
9,252 selectors
16.7k declarations
3,370 unique declarations
44 media queries
36 unique colors
50 unique background colors
46 unique font sizes
39 unique z-indices
https://t.co/qyl4Bt1i5x

PWA *incrementally generates* ~30 KB CSS that handles all themes and writing directions.
735 rules
740 selectors
757 declarations
730 unique declarations
0 media queries
11 unique colors
32 unique background colors
15 unique font sizes
7 unique z-indices
https://t.co/w7oNG5KUkJ

The legacy site's CSS is what happens when hundreds of people directly write CSS over many years. Specificity wars, redundancy, a house of cards that can't be fixed. The result is extremely inefficient and error-prone styling that punishes users and developers.
The PWA's CSS is generated on-demand by a JS framework that manages styles and outputs "atomic CSS". The framework can enforce strict constraints and perform optimisations, which is why the CSS is so much smaller and safer. Style conflicts and unbounded CSS growth are avoided.