Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 3] - LIVE UPDATES

ASG- The point that I want to make is that for the purpose of compliance of sec 19, an authorised officer has to arrest.

Secondly the reason to believe is recorded in writing. The grounds have been informed to him which is set out in the order and accepted by him

ASG tenders Malik's original acknowledgement of being appraised about the grounds for arrest. 

Hearing resumes. 

Matter to continue after lunch. 

Spl public prosecutor Hiten Venegavkar is now referring to the rules of arrest under PMLA. 

ASG- But pls see the xerox, it says "I have been informed about the grounds for my arrest."

J Varale - Why doesn't the copy reflect that?

Sr Adv Desai says that the copy supplied to the defence doesn't reflect any endorsement. It is only reflected in the affidavit 

J Varale - Is the court prevented from going into the issue to see if all the prerequisites are complied with?

ASG- I will submit the document 

ASG says it has Malik's signature.

J Modak - This also has the sign of the assistant director, there is something in the corner that ha not legible.

ASG- I'll get the original. It is not even their case that he was not informed of his grounds of arrest. 

ASG points out to the endorsement.

J Varale reading an endorsement - I am informed about the grounds of my arrest through my son.

ASG- No no, it is he is informing about his arrest to his son.

J Varale- So who informed him? We want the original copy.

J Varale - Let's come to sec 19. The arrest order must reflect the satisfaction of the authority. (Grounds of arrest)

ASG- We have to inform him about the grounds of arrest not give in writing.