Arvind Kejriwal's Plea Against His Arrest And ED Remand In Liquor Policy Case- LIVE UPDATES From Delhi High Court
Singhvi: Clearly person is being charged vicariously. My last point is..
Singhvi: In the alternative if you bring up a political party, it does not mean Kejriwal has to be arrested. You've to show his role, how what when where. Otherwise it becomes a complete vicarious liability. Unfortunately, what's happening is that ED is the super investigator of the predicate offence forgetting its own domain of investigating section 3 points.
Singhvi: In vicarious liability, law remains the same.
Here is a case of complete vicarious liability. First, section 70 is being only section applied by ED. Two, section 70 specifically applies to companies. Three, whatever the language, the provision doesn't address political parties. Four, political parties are addressed under RP Act. Five, you can't subsume a definition of political party given under RPA in another statute, without PMLA naming the political party. You're actually doing violence to two Acts.
Singhvi: Amount is the same, quantification is the same. The name of the accused being different makes no difference.
Allow me two minutes to read it.
Singhvi: The whole case is that we want Kejriwal to find out more about proceeds of crime. The proceeds of crime flow is quantified by ED to be 45 crores. The same amount for same accusation in the same liquor scam was dealt with and rejected in Manish Sisodia case by SC.
Singhvi reads a judgment, he says "An approver is the most untrustworthy friend. It is an oxymoron because a friend can never be untrustworthy."
Singhvi: The species called approver, your lordships have used very solicited language...
Singhvi refers to a judgment, says: In our history, your lordships have for good and bad dealt with phrases like Jai Chands and Trojan horses in a very different way. The history looks at Trojan hoses very harshly. They did betrayal.
Singhvi: The ED has destroyed a 110 years of line of law.
Singhvi continues reading judgments on statements of co accused persons.
Singhvi refers to some judgements.
Singhvi: It's so easy to extract incrimination out of statements of co accused. Therefore very less weight must be given, Unless you've clear corroboration.
Singhvi: Repetitive process of abusing criminal law.
Singhvi now refers to statements of two persons, Buchi Babu and C Arvind.