ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing

Chaudhari: This order is most well formulated and will qualify the test of law, equity and justice. Your lordships are dealing with a person who was granted bail by SC,for a different reason.

Chaudhari: This is a case where investigation is pending since 2022. You arrest him in March 2024. We are yet to pronounce on validity of arrest.

He has surrendered to custody of court again. It shows his bona fide conduct.

Chaudhari: These are observations of the court. How can they be termed as perverse? It has dealt with everything.

Chaudhari: Don't afford him a special status but if you choose to touch someone of that stature, you must have evidence of sterling quality.

Chaudhari: It is not worth staying.

Chaudhari: Just two or three minutes. Two three aspects. My learned friend argument is confined to the alleged perversity. According to him, twin conditions not satisfied before releasing on bail. That opportunity was not given to him and irrelevant material.

Chaudhari: On all three aspects, there is a finding by the trial court.

Chaudhari: The findings are recorded in each para, beginning from para 22. Opportunity, material and section 45, the court has given findings. I can quickly show those findings.

Chaudhari refers to trial court order. 

Singhvi: I am only saying your lordships have full reversibility.

Singhvi ends his submissions.

Singhvi refers to various judgments.

Singhvi: Many cases where bail is granted under section 45. The law is totally barring of an interim, first day, without final hearing, granting stay on bail. Unless it is a terrorist or when it's impossible to conduct trial. Maybe possibly genocide or child rape cases. I don't understand how without a final hearing stage, my learned friend can ask your lordships to stay the order, with so many SC judgments.

Singhvi: Assume your lordships may not stay today. I come out. How is it irreversible? Where will he go? What will he do? Take the reverse. Your lordships stays the order and later dismiss the petition.

Singhvi: One important principle is that incrimination by co accused can be relevant but there has to be some corroboration.

It's a discretionary order considering all the arguments. Your lordships may reverse it in final order. But no stay can be granted. 

Singhvi: Sarath Reddy, Boinpally, Raghav Reddy, please come to para 28. Please see what he told the court.

Singhvi refers to ASG SV Raju's submission on approver.

Singhvi: Not one paisa is traced to me.

Singhvi: Is the judge wrong on placing focus on Article 21? It's a question I ask myself.

Singhvi reads trial court order.

Singhvi: SC is quoted. Rightly quoted, should be quoted. What is the perversity we are talking about?

Because ED is a sacred cow because it says how can anyone get bail under my nose.