Arvind Kejriwal's Plea Against ED Arrest : Live Updates From Supreme Court Hearing
Singhvi: Question was what weight will you give to both versions? Right side is the only 1 inculpatory statement. On the left there are 9 exculpatory statements. Zero weight given
Singhvi: In grounds of arrest, ED details involvement of co-accused, alongside Kejriwal
J Khanna: Buchi Babu is not an accused? MSR is an accused in predicate offense?
Singhvi: MSR is not accused. Buchi Babu in predicate
J Khanna: We want you to specifically (address facts)
Singhvi: I will start with facts
ASG: IO can't be suffocated by anybody else. It's the duty of IO to form opinion. Maybe a different IO would have formed another opinion. But that is no ground to...
ASG: That's all Mr Raju? Yes, Mr Singhvi?
J Khanna: 15-20 mins on facts, Mr Singhvi. Law you can argue no difficulty
ASG: They have not pointed out...it does not cut reasons to believe...nothing to show reasons are bad. Submissions are only on 9 statements and approver statements, which is about credibility. On facts he has no case!
ASG: It has to be prima-facie, it can't be a full...
Singhvi: It's 3.35, he should be fair
J Khanna: Mr Raju, 2 mins more
ASG: No, that's not what I am saying...just that it has to be less than "grave suspicion". The expression reasons would change depending on stage
J Datta: Then the statute would have been worded differently. Why these words are there?
J Khanna: In Preventive Detention, you have to consider both material?
ASG: that is more technical. If we don't consider relevant material, it goes
J Khanna: I'm on the parity
ASG: Can't be equated with normal law
ASG: Fishing and roving enquiry is not permitted at this stage.
ASG: Their defense regarding 9 statements can't be gone into at the discharge stage. How can it be looked at in context of arrest? Unheard of.
ASG: Their defense regarding 9 statements can't be gone into at the discharge stage. How can it be looked at in context of arrest? Unheard of.
ASG: In every case accused will say so...this will delay investigation. If it is done, it will open Pandora's box. He gets an opportunity at bail stage, when the burden is reversed
ASG: There is a distinction between criminal law and ordinary administrative law