Arvind Kejriwal's Plea Against ED Arrest : Live Updates From Supreme Court Hearing
SG: When there are flagrant violations of fundamental rights, there can be. But sometimes, agencies are required to discharge an unpleasant duty which they know will be abused publicly
SG: That is not the scope of your Lordships' jurisdiction. If S.19 is a trigger to approach under Art 226, then S.41 CrPC also is
J Khanna: There have been cases...one bench has issued notice on what should be the contours of Art 32. Petitions have been entertained, arrests have been held to be bad. Is that not correct?
SG: HC called for papers. DB examined them. Thereafter, court did not go into sufficiency of material. Rightly so. Mini-trial is what your Lordships are called upon to conduct. We are opposing that
J Khanna: Some other matter had also come up on that day, when we said go before the trial court. We refused to entertain
ASG: Ultimate relief can't be granted. Until they challenge final order...
SG: when he was not arrested, he approached High Court that I should not be arrested
J Khanna: They filed writ petition before us, we did not open the gates for them
ASG: Before arrest, they filed the petition. It was wrongly mentioned remand has been granted
J Khanna: No, they said it has been moved.
J Khanna: 226 remedy can't be excluded. We don't exercise that jurisdiction, because there are alternative remedies. But we overlook when there is a grave case. They certainly challenged their order
J Datta: There was a remand order. Before HC, it was challenged
J Khanna: If first remand order is challenged, it will remain even after second or third remand order
J Datta: you have to satisfy that however high case is pitched before us, under S.19 we can't
J Khanna: If there is violation of S.19 conditions, obviously courts can interfere. Either remand court, or High Court
SG: He consented
J Datta: what if he had not consented? Is it your submission that under S.19, in no case a writ petition under 226 lies?
SG: Suspicion is usually subjective. I am too big to go to Trial Court to go to bail. The remand court will also examine all this. I will go to the High Court
J Khanna: He went to the trial court. after it rejected, he went to HC
SG: Please juxtapose with Art 226...which they have invoked