Arvind Kejriwal's Plea Against CBI Arrest : Live Updates From Delhi High Court
Singhvi: Sometimes to restate the obvious, you've to read the obvious. Because people tend to forget the obvious.
Singhvi refers to a SC ruling on arrest.
Singhvi: In 12 hours or less, how he is required to be arrested? Why? No answer. The prayer is to grant permission to arrest. This is unknown to law. The judge should've thrown it. Because If your lordships allow it and say go and arrest him, it's validating, everything else goes.
Singhvi: Only explanation is no satisfactory answer is given.
The moment is say I m innocent, it's an evasive reply. This isn't a subjective view of interrogator. Ultimately the judge will decide what is true. Whose truth? My answer truth or your desire truth?
Singhvi: If he says I don't know I won't answer... This is a star chamber approach. I am giving an extreme example deliberately. Can they say I'll keep you under arrest if you answer like this.
Singhvi: Suppose I say there is no question of seeing 100 crores, I know nothing about it. They say no satisfactory answer. Satisfaction is satisfaction of guilt.
Singhvi: June 25 application is moved, on that day order is passed, and thank God for small mercy, I get the order the next day.
This is the way trial courts are conducting.
Singhvi: They have interrogated me for three hours on June 25. After that, on a summons of one year old without showing any reason, they now seek under Section 41. There is no attempt to show how, when and which (about arrest).
Singhvi now refers to trial court's order allowing CBI's application to permit it to arrest Kejriwal.
Singhvi: His own application of mind is just one para. I am not heard, not called, no notice
Singhvi: Is it a statutory provision for empty formality? I am not running away.
The emphasis is "not". Assuming if you make such kind of ridiculous application, where is the reason given? And where is the judicial application of mind, no notice given to me.
Singhvi: The whole job of a judge is of filter. No notice, no hearing and he passes the order.
Singhvi continues reading the provision.