Arvind Kejriwal's Plea Against His Arrest And ED Remand In Liquor Policy Case- LIVE UPDATES From Delhi High Court

Singhvi: Can I say that Dr. Singhvi you're not cooperating by not giving me a confession or disclosure and so I'll arrest you? That will hit Article 20 and 21 on the head.

Singhvi: Non cooperation is one of the most abused phrases in the recent past since the ED has been active.

Singhvi: What was the necessity to arrest? How are you satisfying the threshold of section 19?

Singhvi: What can be the necessity to arrest last week? The question is very simple. What could they not have done without the arrest? If you're having prosecution or case itself starting in August 2022. And the first summons to me is in October 2023.

Singhvi: These three phrases go towards the basic point of a clear demonstration of necessity to arrest. Necessity to arrest is the vital concept. You may have power to arrest but the power isn't equal to necessity to arrest nor it reflects the necessity to arrest. 

Singhvi: The threshold of arrest in section 19 is consciously very high. Because I can't get bail under section 45. Therefore, prior to arrest, you've to make an opinion as the threshold is very high.

Singhvi: Please see the phrase "material in possession", and second phrase is reasons to believe. Third word is guilty.

These three phrases are vital conditions for arrest itself. Prior to any arrest under section 19, you must satisfy these conditions on the file and papers.

Singhvi: By creating a non level field, by excising power without a section 50 statement, you're actually hitting the heart of democracy and the heart of basic structure.

Singhvi: The object of arrest is different, the object is to make it a non level field, which impinges the basic structure.

Singhvi: To boot that there is no section 50 statement against the accused...

Singhvi continues reading relevant paragraphs from Vijay Madanlal judgment.