Arvind Kejriwal's Plea Against ED Arrest : Live Updates From Supreme Court Hearing
ASG: Kindly look at Arun Pillai statement...he says MSR told him about 100 crores.
ASG: Under PMLA, the scheme is - different stages, different considerations. If he wanted all this to be considered, he should have sought bail.
J Khanna referring to reasoning in Gurcharan Singh
ASG: From standpoint of IO, only material that fits in his reasons is to be looked into. Other material is to be looked at only at stage of bail. These are not bail proceedings.
J Khanna: If this reasoning is accepted, that means till complaint is filed, there can't be any bail
J Khanna: We will not say we will form the reason to believe...if we have to quash, we will only say relevant material not taken into consideration. We are talking about an example, not this case.
J Datta: You may have good reasons to arrest, but in such a case, you will have to touch upon S.164 statement and say...
J Datta: If you have other material which renders the version in 164 not believable...why would you divest yourself of the power...to defend your decision to arrest, you are required touch upon it
J Khanna: On...MSR had gone behind...will IO not have to discard S.164 statement?
J Datta: That has to be done
ASG: What about Magistrate? He goes and gives (inculpatory) statement before Magistrate. No pressure on him. Corroborated by witnesses
J Khanna: He says MSR made make-believe statement. How did he reach that conclusion?
ASG: It's not there in the file