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

ASG: Vinod Chauhan has close links with Kejriwal. We have chats to show the proximity.

We have evidence to show that through Chauhan, money went to Mr. Sagar Patel.

ASG: There are statement of witnesses recorded before magistrate. ED may put pressure but.... Not considered. Credibility is not an issue to be considered at the stage of bail. It has to be considered at stage of trial.

ASG: At stage of bail, even 161 statements are looked at. Here there are statements under section 50 PMLA which are admissible as evidence. It's not only statements that we're relying upon, we have documentary evidence also.

Court: Arguments are over or you want to continue?

ASG: Your lordships have not seen the facts. The facts will shock the conscience of your lordships. 

ASG: If AAP has committed an offence and it is done with consent and connivance of Kejriwal, he shall also be deemed to be guilty.

ASG: The single judge of this court has dealt with this aspect.

ASG refers to Justice Swarana Kanta Sharma's judgment.

ASG: If offence is committed by AAP, the person responsible for its conduct will also be responsible because of principle of vicarious liability.

ASG: AAP used these funds in the election campaign of AAP candidates and events. AAP is also guilty. And we have made AAP accused. AAP can be made accused because of section 70 PMLA. And if that can be done, every person responsible for affairs of company, and Kejriwal being responsible for AAP will be responsible and guilty.

ASG: This argument is not dealt with. Given a complete go by. Please look at section 70 of PMLA.

ED is not silent. The order is silent. Despite the ED shouting from the rooftop all these things. 

ASG: Our case is that Kejriwal is guilty of money laundering offence in two capacities. One is individual capacity where he personally demanded 100 crores and was part of the policy. His role shows generation of proceeds of crime. Second, he is vicariously liable because AAP is guilty of offence of money laundering.

ASG: A judge who admits that I haven't read the papers and I am granting bail, there cannot be greater perversity than this. This order has to go on this finding alone.

Court: Mr. Raju your arguments are on the main petition or stay application?

ASG SV Raju: Stay application. 

ASG: Totally perverse. Para 26 is also wrong on facts.

We have traced out 45 crores. In our reply we have shown that money was used in Goa elections. End to end money trail has been given. 

ASG: Kindly look at the conditions (imposed by SC while granting interim bail to Kejriwal).

ASG: Why because they were saying elections were there. Therefore SC didn't give him a clean chit. Despite SC saying that observations be not treated as an expression on merits, it is still done by the trial court.