Arvind Kejriwal's Plea Against ED Arrest : Live Updates From Supreme Court Hearing

J Datta pulls up a lawyer for trying to wear lawyer's gown in the courtroom

"This is not your cloak room"

Bench re-assembles

J Khanna: All will keep on coming before HC. Very impractical

Bench rises for lunch break

ASG: Arrest if illegal, it can be struck down. But, unless remand order is set aside, a person can't be set at liberty

ASG: They have to necessarily challenge this subsequence remand order

J Khanna: what is the max period of remand?

ASG: 15 days

J Khanna: Look at the practical consequence. They will keep on challenging

ASG: "Not guilty", you have to discuss all material...but when it is about "guilty", only material indicating guilt needs to be discussed. Guilty/non-guilty are looking at the same thing

J Khanna: Then your argument falters

ASG: It does not

ASG: "Not guilty", you have to discuss all material...but when it is about "guilty", only material indicating guilt needs to be discussed. Guilty/non-guilty are looking at the same thing

J Khanna: Then your argument falters

ASG: It does not

J Khanna: you accept power of court when examining bail under S.45 will be deeper and greater?

ASG: Yes, but role will be different

ASG: whenever word "reasons" is used, it does not mean examination of merits/de-merits. the test is reasons should show there is sufficient material. Courts can look into it. But not say that he has examined this, not that

ASG taking the court through his note

ASG: What is the meaning of giving reasons? One does not have to consider the merits and demerits

ASG citing judicial precedents on "reasons to believe"

ASG: It can't be that relevant material is ignored...but it need not be reflected in reasons to believe at stage of arrest. S. 19 is purely subjective

J Khanna: Okay come to the facts