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

J Khanna: Reasons are the heart of the order

ASG: There can't be fishing enquiry by court.

J Datta: We won't be substituting the view. But if you don't consider favorable part, that perhaps could afford a ground

ASG: Under S.19, law does not require that all material has to be weighed...it's not that sort of decision-making. There may be other material, need not be reflected in reasons

J Datta: You won't look into it?

J Datta: Adequacy, sufficiency we won't go into. But there has to be application of mind. If there are material favoring accused, he has to make it apparent

J Datta: Is application of mind not required? What are the tests of perversity?

J Khanna: If you don't consider relevant material...

SG answers: If there are 10 evidences, IO has to weigh what he trusts. Would that exercise be done by court again to come to a different conclusion?

J Datta: You say if he considers... but if that does not happen, can court not go into it?

J Datta: You have to look into the material. Otherwise how do we come to finding it is based on no material? You can't say only one side has to be seen by IO

J Khanna: Our order was very clear. We specifically said we are not making exception to anybody

J Datta (to SG): Assume IO has material in possession. On one hand incriminating, on the other exculpatory. There can't be dispute that IO has to be fair. If he ignores latter absolutely and says I have reasons, would it not afford ground for bail?

J Khanna: That's his (Kejriwal's) assumption, we don't know. What we felt was justified, we said.

SG: He should not have said this

SG: He says if you go for broom (election symbol), I won't have to go to jail

Singhvi: I didn't think he'd say this. If he goes into...I can file affidavit about highest Minister of this country

SG: Whether material is sufficient to form reasons to believe cannot be examined as court of appeal

SG: It's a slap on the system by the petitioner. Petitioner treats him as a special person. We treat him as any other person. Please see what he said on first day.

SG: Your lordships said he will not say about the case

J Khanna: No, we said he will not discuss his role in the case

J Datta: Read what he said