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

J Khanna: I am not going by this particular case...hypothetically. The IO has to record reasons to believe in writing. After considering entire material, he has to come to conclusion that the accused is guilty

J Khanna: on the basis of material in possession, material need not be disclosed alongwith reasons to believe...you may be right on that. But material means 'entire' material in possession. Mind must be applied to entire material

Raju: Please see S.19 PMLA

J Khanna: Normally we take the threshold slightly above 'suspicion'...it cannot be the final outcome, at the same time. Reason to believe has now been defined in IPC, 'not otherwise' makes a difference

J Khanna: we will first have to hear Mr Raju

Singhvi: we are concerned about liberty at a time when it particularly matters

Raju takes the dias

Singhvi: Please see my prayer in writ

J Khanna: there are 2 ways we can deal with this - precisely, or we go into the legal issues which may have larger...we can confine ourselves to very narrow issues

Singhvi submits that Kejriwal's case is covered by the favourable observations made by the #SupremeCourt in #ManishSisodia case.

Singhvi said para 15 of the judgment in Sisodia case is applicable to Kejriwal. Para 15 stated :

"Prima facie, there is lack of clarity, as specific allegation on the involvement of the appellant – Manish Sisodia, direct or indirect, in the transfer of Rs. 45,00,00,000 (rupees forty five crores only) to AAP for the Goa elections is missing."

Singhvi responds to the queries put by court to ED on last date

J Khanna: I asked how S.19 is applied by courts

Singhvi: regarding adjudicatory proceedings preceding criminal...

J Khanna: has any notice been issued by adjudicatory authority?

Singhvi: no attachment, nothing

J Khanna: When is the election due in Delhi?

Singhvi: 23 May...48 hr silence period

J Khanna: When were elections announced?

Singhvi: reasons to believe seen with S.19...19 has 3 phrases - reasons to believe, material and guilt. Fourth word "evaluation" added by Senthil Balaji. I am not saying you become the IO