Divan: regarding the scope and ambit of part 3 of the constitution, for ED to even seek to invoke some article or some breach is completely alien to the fabric and the elementary notion.

Divan: It may not be enough to say that look we have a evolving concepts and therefore please evolve the constitution. There has to be some textual and purposeful reason for this. There doesn't seem to be. And there is a very good and compelling reason for not allowing this that otherwise we will have all sorts of any division filling without going through the rigor and discipline of Article 131 suit

Divan cites a detailed judgment of the Bombay High Court which declined to entertain a writ petition by ED

Divan: the issue of necessity of breach of fundamental rights in order to invoke Article 32 is the subject of several judgements.