Luthra says that there cannot be a transfer of the case to the High Court as it is a special offence and special court. He says the CBI request is contrary to precedents such as AR Antulay.
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Luthra : Police custody will not lie after chargesheet. Further investigation against other accused is no ground for police custody of accused, against who investigation is over.
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Luthra - Voice samples were taken in 2019. Without getting a report on the voice samples, which is the only evidence, a chargesheet was filed. Chargesheet was placed before Governor @jdhankhar1.
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Luthra : It is a case where there is abuse of power of arrest.
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Luthra : Bail is a judicial order. It cannot be cancelled under Section 407 or Article 226. The only remedy is Section 439(2) CrPC or 482, if there is pervesity. There are no circumstances to invoke 482.
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Now Sidharth Luthra makes submissions - The division bench order was passed without hearing the accused. The interim relief is in the nature of final relief as their personal liberty was curtailed.
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Singhvi - Number 1, hearing took place virtually.
Number 2, no minister went to the court.
Number 3, access to justice was not hindered.
Number 4, the personal liberty cannot be violated by reversing bail without hearing accused.
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Singhvi : In view of the unjust arrests, there was democratic arrests. It is allowed in democracy.
SG objects - These are arguments on merits. We are formulating issues. I did not say anything on merits.
Singhvi : Im on issues.
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Singhvi says the sanction from Governor @jdhankhar1 is bad in law since as per Constitution Bench judgments say Speaker is the authority to grant sanction with respect to legislators.
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Singhvi says that the triple tests of bail are satisfied in the case. There is no flight risk of accused, as they are MLAs and Ministers, and the arrest happened after 7 years.
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