Chaudhari: It's a request for arrest. I can make legal submissions if given that opportunity.
Chaudhari: Allowing them to arrest me in custody is to allow them to exercise power under section 41.
A due process of law doesn't oust me from a notice or access to copy or filing a reply before passing any order.
Court: It's not on merits. Nothing at all.
Chaudhari: If your lordships pass an order of formal nature today, because they need to arrest him. I feel that your lordships while allowing this application as a formality that they need permission to formally arrest him, your lordships will be allowing them to exercise power under Section 41. That can't be done without satisfaction.
Court: To give permission doesn't mean I have given my mind on merits of the case. It's only to say that someone who is in JC, he can't straightaway be arrested.
Chaudhari: It is a poor citizen vs. might of the State. Before your lordships have to determine, there is no statutory provision seeking permission to arrest. It was not moved under any statutory provision.
Chaudhari: This investigation is pending since August 2022. I was called as a witness. That was the notice. I appeared for them and for nine hours I assisted. Not a single notice since then. How they shifted from a witness to an accused would be a long distance to cover.
Chaudhari: Is there any rule that your lordships should decide it without hearing us? Should I be shunted because they have not arrested him yet?
Chaudhari: Whether it is application for permission to arrest or remand, this is a case where punishment is upto seven years. Arnesh Kumar, Satyendar Kumar Antil and CBI manual guidelines will have to be considered by your lordships.
Court: Since he has not been arrested in this case, when will the proceedings begin? Only when someone is arrested.
Court to Chaudhari: Since the accused is in JC, they moved application for interrogation.
Chaudhari: I need to read contents of that application.
Court: Yesterday they had come to issue the production warrants to formally arrest him because he was in JC. He has not been formally arrested so far.
Chaudhari: My only submission is my friend may be to an extent ad idem with me that we can have access to the material. I can't say anything about the order but let me have access to the application and order and whatever they are moving today. So that I can come back tomorrow. Allow it to let it go tomorrow we will respond to it.
CBI's counsel: They can apply for the certified copies. They can apply. The same thing happened in K Kavitha. The court rejected that.
CBI's counsel: I don't need anybody's.... I only need court's permission. Because it is my investigation.
#BREAKING Chief Minister Arvind Kejriwal produced in court.