Singhvi: Court said it would amount to making Sisodia play game of snakes and ladders
Singhvi citing Manish Sisodia's case
Singhvi: My friend's reading of Supreme Court's order was that Sisodia must start over the ladder again
Singhvi: There was no business of applying S.41(2). The ld. judge is able to use this mis-application to dis-apply judicial precedents (Arnesh, Antil). Very serious error
Singhvi: Mine is a cognizable offense.
J Kant: We don't want to go into the debate. S.41(2) is like a protection, it's not harsher than S.41(1). If Court by mistake applies it, it means court is granting some sort of benefit
Singhvi: High Court mis-applied S.41(2) which applies only to non-cognizable offence. This argument dislodges compliance with S.41,S.41A. Ex-facie error.
J Kant: S.41(2) is probably an exception to S.41(1)
Singhvi: No.
Singhvi: About sending back, SC has used a phrase - snacks and ladders (in Manish Sisodia case).
ASG: Sisodia was relegated...here, he has not even gone once
Singhvi: i don't know how many orders it will take for my friend to not take dilatory...
Singhvi: You can't send me back to trial court, which has considered the same thing
J Kant: Probably your point is that it would be an exercise in futility
Singhvi: It's not a fair argument to raise by CBI at this stage. Except if delay is sought.
Singhvi: I am asked to go back to trial court. HC has concurrent right, I concede. But you must exercise discretion to send it back. My friend's preliminary objection is don't hear. The ld. judge heard on merits for full day!
Singhvi: Trial Court says timing of arrest is little odd. Triple test is fully satisfied. It's an irony now that every possible co-accused has been released. Except maybe one. Sisodia, Kavitha, Buchi Babu
Singhvi: In 2023, CBI called me as witness. MCC came in March. ED arrested. SC released me on 10th May. And trial Court in June. How is there necessity to arrest? What happened in the 3 months while I was in custody?