Arvind Kejriwal's Plea Against ED Arrest : Live Updates From Supreme Court Hearing
Singhvi: Please note one para of Manish Sisodia. Para 20. It talks of S.19 safeguards.
J Khanna: Please wait a second. An order has to be signed
J Khanna: Enquiry is for confiscation
Singhvi: Pankaj Bansal laid down another principle...S.19 safeguards have to be interpreted strictly
Singhvi: Fairness, objectivity and accountability are not empty phrases. They are mentioned in Vijay Madanlal
Singhvi: In Senthil Balaji, it was said there is need to assess and evaluate objectively.
J Khanna: the moment we say attachment part is not relevant, there may be some argument whether it's inquiry or investigation
Singhvi: As per me, there has to be application of mind. No exclusion of relevant issues. Application of mind must be reflected including regarding omissions. Before conclusion, you must reflect application of mind on both
Singhvi: Focus has to be on attachment, confiscation. Alongwith that, you investigate. Necessity of arrest emphasized in Vijay Madanlal
Singhvi counters ASG's reliance on Sections 41B and 41BA CrPC
Singhvi: Cat is out of the bag. Mr Tushar Mehta's written note...a complete error! Last line says - all that is required at this stage is there should be some material before arresting officer which indicates likelihood of...
Singhvi: What is the point of S.19 if a higher threshold is put but...Vijay Madanlal has added the test of 'necessity of arrest' to it
J Khanna: They are saying they have evidence of hawala transfers from Andhra to Goa elections...they didn't ask those questions...
Singhvi: There is no iota of material in grounds of arrest
ASG objects
Singhvi: Why this anxiety?
Singhvi: Exculpatory weighed, rejected...not a word in reasons to believe
J Khanna: S.19 PMLA requires you be given grounds of arrest, not reasons to believe. Reasons to believe is separate from grounds
Singhvi: This is a fresh provision in India. It makes my submissions stronger. I will come to it
Singhvi: Raghav is arrested on same day. He has 3 issues. Wife tries to commit suicide. If you had this statement, you could not have asked on the right side. You had no material to ask him
Singhvi: In ...No reference to Kavitha, Kejriwal, Buchi Babu, AAP. Raghav is the son. Look at circumstances, extreme pressure. Unrelied documents are 0 weight documents