Arvind Kejriwal's Plea Against ED Arrest : Live Updates From Supreme Court Hearing
ASG: Word used in S.19 PMLA is material, not evidence. It does not say credible or admissible material
ASG: This is not the stage to look into credibility of evidence. Statement on which reliance is placed has to be taken to be correct. Yardstick that some other person would come to a different conclusion is not the criteria
ASG: Now, material with respect to Kejriwal...from the material, my submission is it is beyond doubt that IO can come to the conclusion that petitioner has committed offense. S.19 standard met by this material.
ASG: We are going to file complaint against AAP also. It's in pipeline
ASG: Competent court has taken cognizance. Prima facie offense under S.4 PMLA has been made out therefore
ASG: Number of accused have filed bail applications. Reached this court. Therefore, wrt those accused, offense under PMLA has been made out. Otherwise, bar under S.45 won't kick in
ASG: One more has been filed. Other will be in pipeline. One more against Kavitha
ASG: Two things first - this arrest is preceded by 6 complaints (1+5)
J Khanna: Last time you said 1+4. We asked you specifically
ASG: Maybe my mistake
J Khanna: Now come to merits
ASG: Sufficiency need not be gone into by this court. Now, in this background, have a look at the material
J Khanna: At s.45 stage, can it be looked into?
ASG: for limited purpose, yes
J Khanna: Therefore, it may be wrong to argue that because charge is framed, person can't be granted bail
J Khanna: We accept mini-trial can't be held. (Referring to framing of charge) Parameters are going to be different when you take away liberty
ASG: Even at the stage of discharge...other materials not required to be considered
J Khanna: That's the difference between framing of charge and...otherwise it will mean nobody can argue for a bail