Arvind Kejriwal's Remand Hearing, ED Seeks 10 Days Custody : Live Updates

Singhvi: First time that four top leaders of the party including him are arrested. This means you have a verdict before the first vote is cast.

Singhvi: This is the four or five facets. There is neither necessity nor need to arrest. Nothing to show that he cannot give the information without arrest. It is the first time in the history of India that a sitting Chief Minister is arrested.

Singhvi: W1 gives a statement, nothing about Kejriwal. He gives further statements, nothing about Kejriwal. After that, step 2 is arrest W 1. Step 3 is deny him bail and oppose the bail. Sept 4 is one fine morning you have a deal of approver. Step 5 he comes up with brilliant statement next day about Kejriwal. The next step is to record statement of a co accused.

Singhvi: The fact that you need to further trace the money trail is no ground for arrest. It can be a ground of questionnaire, it can be a ground for interrogation. You have the basic material, why should you want further custodial custody?

Singhvi: What is the necessity in arresting me? I can understand that you need something of an immediate nature.... The entire remand application is copy paste of grounds of arrest except last few paras.

Singhvi: The fact that I've the power is no ground to exercise it. I'll show the law which requires necessity to arrest to be demonstrated and then I'll show some parts of the grounds of arrest furnished which don't demonstrate the necessity to arrest.

Singhvi: The first thing we must show is the necessity to arrest. The word necessity isn't there but it is implicit in hundreds of cases. Because the power of arrest isn't equal to the need to arrest. I've the power of course but it doesn't mean there is a need to arrest.

Singhvi; Reason to believe and material in his possession must have a causal link.

Threshold is very high at the level of word guilty. 

Singhvi: Unlike other statutes, the word guilty of offence is used. Because you've made the power of arrest more stringent. You'll not let a person off easily because you won't arrest a person easily.

Singhvi: I want to address on the issues, more than the facts. Firstly, remand is not automatic, it has to satisfy section of a draconian statute ie PMLA section 19.