Arvind Kejriwal's Plea Against CBI Arrest : Live Updates From Delhi High Court

Singhvi refers to CBI's application: Nothing about why he has changed his status from witness to accused. Section 41A says you can't arrest. It's a reverse provision. If you want to, there is escape clause. It is to say why you shouldn't arrest.

Singhvi refers to section 41A of CrPC.

Singhvi: On June 24, prior to that I've released twice. CBI is worried and does an insurance arrest.

Singhvi: Natural justice, that word is sky high. Though no section is given, if you allow such a thing, and your lordships say yes go and arrest is, the only provision you can connect it with section 167. That is validating the arrest. Can it be done without notice to me?

Singhvi: Finally the prayer is please permit me to arrest him. What kind of prayer is this? It means your lordships are asked to grant a pre advance certification of arrest. I've never seen this kind of application. Again, not a single attempt to show under which clause you want to arrest, not one reason given. On same day, without notice or hearing me, this is allowed.

Singhvi: In Kejriwal's case, there is very interesting sentence in Justice Khanna's order, that interrogation by itself cannot be a ground of arrest. It is a remarkable case. It's not that you put a blindfold and allow the arrest.

Singhvi: If I tell the interrogator to hell with you I'll not answer, can your lordships say you'll be arrested? I am asking an extreme question to make my point. What is Article 22? People are forgetting. Then what are all these lectures we are giving about constitutional rights.

Singhvi: One reason for seeking arrest. No trial court should allow this. Your lordships have been a trial court judge. Why should everything travel to SC? Trial court allows it on the basis of only one reason, that he is not giving satisfactory answer.

Singhvi: The application is allowed the same day by trial court. Without notice to me or hearing me. This is not a post office system. Next day, another application is made after having interrogated me saying please allow to arrest. Astonishingly, the application itself mention section 160. Now suddenly he becomes an accused. How what when, nothing.

Singhvi: Trial court has given me regular bail under PMLA four days earlier. If this is so, we are proudly not that country... Three days ago Imran Khan is released, everybody read it in the newspaper and he gets arrested again in another case. It can't happen in our country.

Singhvi: He is after all a Chief Minister and not a terrorist. I never get a copy of application. Prayer is let me examine while he is in custody. No notice is given, order is passed please do so. I am not heard.

Court: Is there no formal arrest in CBI?

Singhvi: It is done. Subsequently. I'll tell the sequence.