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

SG: Your Lordships would not substitute your view for that of...

J Khanna: Are you saying S.41 threshold is higher than S.19

SG: No, may be I didn't correctly word it

J Khanna: Will Wednesbury principle apply here?

SG: This is not administrative...

J Khanna: Normally we apply the judicial standard...whether a reasonable person conversant with law on the subject would have on this material passed the order. You accept it or lower standard?

SG replies

J Khanna: Not going into merits of legislation. We have to interpret S.19 to find legislative intent.

SG: when a country decided to implement, each and every word used...when Section is drafted, there is a discussion with peer countries

J Khanna: We are not going into that

SG: As the highest constitutional board of the country...we are not a standalone country who has money laundering. There are 2 intl conventions in which countries have decided that money laundering is a global offense

SG: Financial Action Task Force has given broad draft guidelines...our law is in compliance thereof.

SG: Peer review ended last year...every country gets grading...Mere having framework is not enough, it's about how it is implemented

SG: Reason to believe does not mean positive knowledge that this has happened.

SG: I am to show that there is material...not that he is being convicted by the court. Whatever is done in this case will apply to all these provisions under CrPC etc.

SG: Please see Ramesh Chandra Mehta case.

SG: Please look at this case...where similar exercise was sought to be done, look at this and that evidence...your Lordships said we are not supposed to conduct mini-trial

J Datta: Don't submit that HC under Art 226 cannot exercise jurisdiction, in any case

SG: That's not my point. I am saying, courts have to be very very circumspect