ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
ASG: We pointed out that the SC didn't say that the findings of High Court ought not to be considered. Those were binding findings not stayed by the SC.
SC didn't stay the High Court order. It is pending adjudication. There is no stay. SC say we will examine it but in the meantime you can file bail application. But it didn't say those fundings can't be considered by trial court.
ASG: The arrest was challenged. The remanding court said the arrest was correct. It was challenged before this court. The single judge said nothing wrong with the arrest.
ASG: On Wrong facts, wrong dates, you come to a conclusion that mala fide. But why, the reason is missing. My note not considered, not allowed to argue
ASG reads "There are certain undisputed facts".
ASG: Wrong. The applicant says these are undisputed facts so you believe it. This is wrong.
ASG: If you'd gone to documents you would have known that the ECIR was registered in August. So there was no question of material being available in July.
ASG: Without going through documents filed by both sides, without giving us opportunity the matter is decided. It is the duty of court to pass order in accordance with law. Without going to documents how can you say it's relevant or not relevant?
ASG: In the impugned order, the court doesn't hear us. It says records are voluminous. And passes the order. You don't hear us. You don't hear me. You don't look at the reply saying it's bulky. There can't be a more perverse order than this.
ASG refers to a report of the hearing by Bar and Bench. He argues that he was not heard properly by the trial court judge and was asked to be brief.
ASG: Full opportunity has not been given. The parameter has not been dealt with. Kindly come to my petition. When the turn of my learned friend came, he said he'll be brief. He was brief. He didn't address the court in detail. When I argued, court said I have to deliver judgment. Be brief.
ASG SV Raju commences submissions.
ASG: The order is perverse. Kindly have look at section 45 of PMLA.
ASG: It is something similar to section 37 of NDPS Act.
ASG reads the provision.
Chaudhari reads SC order granting interim bail to Kejriwal.
Chaudhari: There is no question of a stay.