ED's Response To Arvind Kejriwal's Plea Against Arrest : Live Updates From Supreme Court

J Khanna: in reasons to believe, you have applied S.70. therefore, prime accused according to you is AAP. he is not being prosecuted by CBI.

Raju: he has been named

Raju: at stage of remand, case file is produced before Magistrate. I will demonstrate that the material excluded was not relevant. My reasons to believe would not have changed based on them

Raju: in this case, there was sufficient material in possession

J Khanna: that may not be right...material in possession means entire material. You can say he considered all...But it's different, that exculpatory material should be excluded

Raju: Evasive answers can't be a ground to arrest but can be taken into consideration...they may be the last straw

Raju: Court declined...there was application of mind...only then arrest was made. He did not move anticipatory bail

J Khanna: he was not expecting he would be arrested

Raju: this is not only opinion of IO...it is fortified by a Magistrate who is empowered by this court. In this case, there is a third finding that before he was arrested, they moved Delhi High Court for interim relief

Raju: Court can reject arrest if there was no material...or if the material was such that it was totally extraneous. Jurisdiction of court is very limited

J Khanna: the second issue is how does a court evaluate whether IO was justified in forming opinion of guilt

Raju: Court would see the material. This is a case where material is relevant for formation of opinion

J Khanna: in this case, you produce before magistrate? or special court?

Raju: Special court

J Khanna: So S.437 does not come in

J Khanna: Material on record will include the material which is also...this is of importance in other matters also...as to what is the nature of enquiry required to be conducted by court while accepting plea of remand...and the reasons to believe