ASG: This issue was known to them, yet they did not show any exceptional circumstance.
J Kant: Ideally, HC should be decisive on this question immediately. HC should have passed that order on that very day when notice was issued.
ASG: In this case, the HC said that it would consider the issue of concurrent jurisdiction. They didn't show any exceptional circumstances.
ASG: Several courts have taken the view that as far as concurrent jurisdiction is concerned, trial court should be approached first.
ASG citing judicial precedents on concurrent jurisdiction
ASG: Your Lordships said go back to trial court for bail...In Kejriwal's ED matter also, there was challenge to arrest. He was sent back to trial court. He seems to be extra-ordinary person who requires different approach.
ASG: In the arrest, this court said file regular bail before trial court. she went to trial court. it was rejected. she did not come here directly. please look at Sanjay Singh...
ASG: In this case, he (Kejriwal) has not gone down to trial court twice (as in Sisodia's).
ASG refers to K Kavitha's case
ASG: Trial court was approached in those cases, it formed an opinion. Therefore, the expression snakes and ladders. Court asked how many times Sisodia will be sent back. Not in the first instance
ASG: Sisodia, Kavitha, all went through trial Court. therefore, 'snakes and ladders'...
J Bhuyan: Snakes and ladders is not a charitable observation by this court for prosecution
ASG: His first three questions of law in the SLP involve what happens in case of concurrent jurisdiction...HC has refused. He has not made out any special case about why HC should have been approached first
ASG: HC will have benefit of trial court decision. ordinary principle is sessions court has to be approached first. this objection was raised, HC said it will examine. HC has not decided on merits ultimately. he has challenged that order.