Arvind Kejriwal's Challenge To ED Arrest : Live Updates From Supreme Court

Raju: when you are required to consider "not guilty" of offense, all material will be required to be considered. but not when the question is whether person is "guilty"

J Khanna: will you complete by 1 pm? then we would have given them half an hour after lunch

Raju: can't guarantee I'll complete by today

J Khanna: they can certainly apply for bail, that right is given to them by statute itself. but they will have to show compliance with S.45 PMLA

J Khanna: we are primarily concerned with S.19

Raju: the parameters of S.437 are similar to S.19

Raju: appropriate proceedings would have been in a bail application

J Khanna: their argument is that S.45 does not come into play when you ask for remand. they say don't push us to the bail

Raju cites Gurcharan Singh case: this was where there were both exonerating and implicating statements...A much worse case. In my case, there is no exonerating statement

Raju: Section 19 PMLA can be compared with S.41 CrPC...similar yardstick, that is, "committed the offense"

Raju: the yardstick for discharge...

J Khanna: that may not be relevant. we are examining whether a person is to be arrested or not

Raju taking the court through CrPC provisions

Raju: Material must show person is guilty of offense. That is the only material required to be reflected in reasons to believe. That's what S.19 contemplates.

J Khanna: the legislature assumed that somebody may violate S.19

Raju: it isn't necessary for me to say in reasons to believe that I have considered all material. in this case, I have considered everything