Arvind Kejriwal's Challenge To ED Arrest : Live Updates From Delhi High Court Hearing
Raju: The fact that a pmla offence has taken place is clear and beyond any doubt. Because as far as first PC and subsequent PC is concerned, court has taken cognizance.
Raju now refers to dates when court has taken cognizance of prosecution complaints in the case.
Raju: This is nothing but a bail application, to overcome to rigours of Section 45 of PMLA
Raju: Today a person is arrested and is remanded to police custody for five days. Writ is filed challenging arrest and remand order. He is then put in custody pursuant to subsequent remand orders. So your custody today is pursuant to subsequent orders. If the prayer is not for subsequent orders, it is an academic exercise which the petitioner wants to undertake.
Raju refers to relevant judgments on the issue.
Raju: Unless you challenge the subsequent orders, it cannot be said to be illegal.
Raju: There are two or three judgments on this point.
Raju now refers to the third remand order, reads accused doesn't oppose judicial remand.
Raju: Last two remand orders weren't challenged, in fact they accepted. They are blowing hot and cold at the same time. You cant challenge the remand order and say please pass the order and accept it. They have not challenged the latest orders pursuant to which he is in custody. Thus, custody can't be said to be illegal.
Raju now refers to second remand order, says "He voluntarily accepts please remand me further. Can he challenge the remand order? Or is it barred by waiver?"
Raju: And I doubt if he could have challenged it because he himself said please pass the order.
Raju: He has challenged the first remand order. Please look at the remand order of 26 March.
Today we are on April 3. On 28 March, second remand order is passed. That has not been challenged. Third remand order of judicial custody has not been challenged. So today his custody isn't pursuant to arrest or first remand order, it's pursuant to April 1 order which has not been challenged.