ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
Chaudhari informs court that Mr. Singhvi is unable to join proceedings.
Court: The problem is more than 1000 people have joined court proceedings. So there is a technical problem.
ASG reads court's observation "Although, this is not incorrect that holding a constitutional chair or clear antecedents may not be the only ground for bail as the gravity of alleged offence is required to be looked into. However, it has always been a helpful argument for an accused..."
ASG: That means any minister has to be granted bail. Therefore you're a CM so you should be granted bail. Unheard of.
Court: What I understand is that you made two three arguments. That opportunity was not given and that the findings were against the High Court judgment.
ASG: There should be a finding that he is not guilty. That is not there. There cannot be a better case for cancellation of bail than this one.
ASG reads "Guilt of the accused yet to be established".
ASG: See section 45. Finding should be that reasonable grounds of believing that he is not guilty.
ASG: If section 45 mandate is not complied with, bail can't be granted. There is no discretion. The finding in para 15 is wrong.
ASG: Then the judge refers to speech of CJI which I think is not relevant. Then the judge relies on statement of Benjamin Franklin.
This principle applies at stage of trial and not bail.
ASG: We have shown all this to show that he had a role in the demand of 100 crores. Yet the judge says no direct evidence. Direct evidence is in the form of statement. There is corroboration also. Now let me show how one sided and perverse the order is.
ASG: There is direct evidence. We also pointed out that this fellow met the CM. And he said that Kejriwal told me give me 100 crores. Proceeds of crime is recognised.
ASG: This reply was on record. Judge says bulky, I'll not go through it. Then says ED failed to point out. What kind of order is this? I am shocked.
ASG on trial court observation that ED failed to point out direct evidence against Kejriwal: This is a wrong statement. We read Magunta Reddy statement. You can decide against me but don't say wrong things about me in the order.
ASG: I'll point out each para and show how findings are perverse.
ASG reads the trial court bail order.