Arvind Kejriwal's Challenge To ED Arrest : Live Updates From Supreme Court
The Supreme Court will continue hearing today Delhi Chief Minister Arvind Kejriwal's petition challenging his arrest by the ED. A bench of Justices Sanjiv Khanna and Dipankar Datta will hear the matter. Report of yesterday's hearing can be read here.Follow this page for live updates from the hearing....
The Supreme Court will continue hearing today Delhi Chief Minister Arvind Kejriwal's petition challenging his arrest by the ED.
A bench of Justices Sanjiv Khanna and Dipankar Datta will hear the matter. Report of yesterday's hearing can be read here.
Follow this page for live updates from the hearing.
Hearing has concluded
J Khanna to ASG: "Liberty is very exceedingly important, you can't deny that. The last question is with regard to the timing of the arrest, which they have pointed out, the timing of the arrest, soon before the general elections"
J Khanna: the time gap which is taking place between initiation of proceedings and repeated complaints being filed after some time. this all has consequences. 365 days...is upper limit
J Khanna to Raju: One question is whether there being any adjudicatory proceedings, can you have criminal proceedings being initiated? In terms of what has been held in VMC or otherwise. In this case, there has been no proceeding for attachment
J Khanna: You have to show how petitioner was ... what they believe is threshold of Section 19 is fairly high...they will be confronted with Section 45...that's why they are repeatedly coming against arrest
Singhvi pointing to safeguards under PMLA to prevent vexatious arrests
Singhvi (reading): ED is not expected to be vindictive. It must act with highest degree of fairness
Singhvi comparing Vijay Madanlal and Pankaj Bansal judgments in context of Section 19 PMLA
J Khanna: First there should be attachment - then offense - then finding in the offense. Attachment is followed by prosecution. As per VMC, this was the scheme.
J Khanna: criminal proceedings cannot be standalone...unless there is confiscation, attachment
Singhvi: My case and Sanjay Singh case are unique...there is no Section 50 statement. Major source of material is out if they don't have my Section 50 statement. I am not coming after summons is no excuse
Singhvi making arguments on "necessity of arrest" and process of evaluation of material
Singhvi: 'proceeds of crime' needs to be interpreted strictly. possession of unaccounted property acquired by illegal means maybe actionable for tax violation, but not necessarily POC