I am a BJP supporter. My own view is that the ED should have arrested Abhishek Banerjee instead, because the corruption that the TMC has engaged in is a trillion times more serious than whatever the AAP is alleged to have done. Kejriwal cannot be held personally liable if his ministers took bribes, whereas in Abhishek Banerjee’s case a money trail can be traced back to Leaps and Bounds Ltd, where he was the founding director.
I therefore condemn the arrest of Kejriwal and accuse Modi of rank hypocrisy, because he is going soft on the TMC because the TMC has hurt the Congress and helped the BJP by rejecting a seat-sharing offer with the Congress.
But I will still vote for BJP in the interests of economic development, because the alternative is socialism.
I don't imagine anything. Judicial system functions at the beck and call of the powerful. I have got no illusion about our country ever having been a true democracy in spirit. But people are still voting Modi into power, so clearly they want this.
Challenge PMLA as in, the constitutionality of it? The SC has upheld it, review is pending.
Or do you mean the invocation of PMLA? Countless courts have already ruled it that this is not the stage for it. Challenge to summons do not lie at this stage either (lots of judgments on this too, most recent ones in Del HC from J. Swarna Kanta Sharma). And since s.50 summons do not disclose that they are directed towards a witness or an accused, a recipient of the notice is not allowed to plead existence of an apprehension of arrest and thus cannot claim anticipatory bail either ("it's just a summons, you are not even an accused yet").
I very strongly wish the judicial system functioned the way you imagine it to function.
Keep in mind, his arrest is not because of non-compliance of summons. That's not even a ground for arrest under the PMLA. The ED needs to form an opinion that the accused is guilty of a crime, for them to effect an arrest. Non-appearance before the ED is immaterial.
Had he appeared in November, he would had been arrested in Nov/Dec itself. That's what happened with other leaders too (and that's what happens with almost every PMLA accused).
Watch Andhbhakts justify this along with the introduction of regressive and totalitarian policies by the current government and then cry about how every single global index has us near the bottom or declining at the very least, stating it's western propaganda. How can we claim to be a democracy if the elections are fair but everything else leading up to it isn't?
I therefore condemn the arrest of Kejriwal and accuse Modi of rank hypocrisy, because he is going soft on the TMC because the TMC has hurt the Congress and helped the BJP by rejecting a seat-sharing offer with the Congress.
But I will still vote for BJP in the interests of economic development, because the alternative is socialism.
Or do you mean the invocation of PMLA? Countless courts have already ruled it that this is not the stage for it. Challenge to summons do not lie at this stage either (lots of judgments on this too, most recent ones in Del HC from J. Swarna Kanta Sharma). And since s.50 summons do not disclose that they are directed towards a witness or an accused, a recipient of the notice is not allowed to plead existence of an apprehension of arrest and thus cannot claim anticipatory bail either ("it's just a summons, you are not even an accused yet").
I very strongly wish the judicial system functioned the way you imagine it to function.
Aise dastoor ko
Subhah be noor ko
Main nahi maanta
Main nahi jaanta
I refuse to accept
Keep in mind, his arrest is not because of non-compliance of summons. That's not even a ground for arrest under the PMLA. The ED needs to form an opinion that the accused is guilty of a crime, for them to effect an arrest. Non-appearance before the ED is immaterial.
Had he appeared in November, he would had been arrested in Nov/Dec itself. That's what happened with other leaders too (and that's what happens with almost every PMLA accused).