ASG: He has approached HC directly without going to Sessions Court. Under S.439, both have concurrent jurisdiction. My preliminary objection is he must first go to trial court. the first court to examine on merits is trial court
ASG to lead arguments now. To start with the bail matter
Singvhi: They say he's concealing true facts. What will he say? That he's guilty? They say he may influence...if these adjectives can keep a man behind bars, what's the use of S.41? These are not grounds of arrest
Singhvi: It's a remarkable case. Multiple orders of release, but bail not given in triple test case. He is not a threat to society. Not a hardened criminal. The cooperation that is required is he goes when called for trial
Singhvi: Bail the Rule, Delay trumps S.45, multiple chargesheets, incarceration not punishment, can presence be secured, what else is there? For this case only, in Manish Sisodia, trial said to be impossible to finish
Singhvi cites K Kavitha judgment
Singhvi: Custody was held to be not necessary. Kavitha's case was also ED and CBI together. Then, Vijay Nair...he was also granted bail recently. That was under PMLA, we are under CrPC
Singhvi: He was deputy CM, I am CM. He was said to have deep roots, same applies to me. Court held no possibility of tampering
Singhvi: Hundreds of witnesses. Not even remotest possibility of completion of trial in short span. Same thing applies to my case.
Singhvi: The court observed that trial courts attempt to play safe in bail matters. Have forgotten bail is the rule principle. This (Sisodia's judgment) was a common judgment in CBI and ED cases
Singhvi: An important principle is that Articles 21 and 22 of the Constitution trump S.45 PMLA...Trump is a dangerous word nowadays