Click here! "We understand there is a policy change and everybody wants a change that will be beneficial for them. That will be there. If we say special groups are discriminatory ...
without money consideration, it will not make out an offense... If we go to that extent, there will be no pressure groups or even vested interests when a policy decision is taken then ... Some pressure and conflict will always be there.
Of course, bribes cannot be accepted," Bar and Bench quoted the bench's observation. Supreme Court further asked if there is any evidence that connects the proceeds of alleged money laundering with Manish Sisodia. "How will you establish money laundering by Sisodia factually and legally? ...
He may be aware it may be used, as per your case, but he never came in actual physical possession," the bench asked. Additional Solicitor General SV Raju responded to questions from the bench and said "Question is, is he not directly or indirectly involved in illegal activity or process? ... When you make a policy that triggers bribes which acts as proceeds of crimes." The court then pointed out “Generation of money is not an offense under Section 3 of the Prevention of Money Laundering Act (PMLA)" attracting a quick response from ASG who said, "Unless money exists, you cannot put it to use." The ASG submitted that the policy change was deliberate to benefit certain wholesalers who paid bribes and it cost huge sums to the state exchequer.
"Earlier it was that 5% (duty) was minimum and 12% was maximum. No one will keep it more than 5, therefore to make it certain they fixed it at 12% to benefit some. That is the criminal mischief.
Read more on livemint.com