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

J Khanna: Reasoning before Special Court is based on?

ASG: There is pre-charge evidence

J Khanna: Please read 245. It has been equated with 227, despite difference in language.

ASG: Yardstick for cases at threshold has to be less, that's my submission

ASG: Please kindly look at 'discharge' provisions

J Datta: S.45 PMLA is prima-facie. Discharge if final opinion, there it is 'not guilty' 

J Datta: What about S.227?

J Khanna: Now read S.245, language is different

J Khanna: Just read S.246

ASG: On grave suspicion, charge can be framed. Conviction requires 'beyond reasonable doubt'. Arrest has to be something less

J Khanna: what your case is we have material...but normally IO should never arrest till he has sufficient material to show 'guilty'. That should be the standard.

ASG: S.437(1) similar to S.19 says...

J Khanna: Suppose they did not used 'not guilty' in S.19, everybody would have been arrested. Therefore, 'guilty' had to be used in S.19. And 'not guilty' in S.45.

ASG: S.70 was not invoked. Para 21 and 24 may be looked at. Money trail is there.

J Khanna: That's all?

J Khanna: I did not go into the money bill question in Manish Sisodia? Because AAP was not accused

ASG: Essentially what is required is material. Grounds/reasons based on material. They can challenge material. If supplied prior to arrest...investigation will be delayed, witnesses will be tampered.

J Khanna: There is a judgment by JJ Gavai and Mehta...did it draw distinction between reasons to believe and grounds of arrest? how will he challenge the reasons to believe?

ASG: Bench had no occasion to distinguish

ASG: We have not given in reasons to believe

J Khanna: How will you not give reasons to believe? How will he challenge those reasons?

ASG: He does not have to

J Khanna: No, no, no, no