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

J Khanna: in that context, we will have to examine whether he must take into account all material or can he segregate

J Khanna: reasons to believe is defined in IPC...goes in your favor. You did not refer to it. But at the same time, this court cannot assume the role of IO. Whether a person in that position has objectively formed opinion, that is...

J Khanna: as far as S.19, we have to examine...threshold is higher...cannot be equated to suspicion or doubt...officer must be satisfied. Ultimately, objectiveness has to be tested in a subjective way

Singhvi: that certificate is not in statutory conformity...in a broken up manner, part of certificate comes...but warning against confession is nowhere

J Datta: what does he say in this statement

Singhvi reads

Raju: Without facts, he is just reading...

Singhvi points to Magistrate's certificate with respect to MSR's statement under S.164 CrPC

J Khanna: this may not be relevant

Singhvi: ED relies on this

Singhvi: Magistrate's belief of "voluntariness" of the accused's statement has to be recorded

ASG Raju: This is all just general law...he must point out from statement

Singhvi: He won't decide my sequence, my Lords

Singhvi (after reading S.164(4) CrPC): The S.164 CrPC statement recorded does not have the words in the section...voluntary word is important

Singhvi: The statement is identical to that under S.50 PMLA. Statements based on inducements...The basic word in S.19 is being forgotten. Judge obliged to record in terms of formula under S.164. Not done here

Singhvi: They say he is the brain behind AAP...he is involved in demand of kickbacks. There is no direct evidence. Also, this is predicate offense, not PMLA. They record one S.164 statement...but that also shows weakness