Arvind Kejriwal's Challenge To ED Arrest : Live Updates From Supreme Court

J Datta: if there are materials which points towards guilty, and other which points to non-guilty, can you selectively take some?

Raju: It's upto the IO

J Datta: it's an administrative act? you'll have to balance both. can't exclude one part

J Khanna: he may or may not be right

Raju: it is also my submission that criminal law is different...it is immune from applicability of administrative principles

SG Mehta: something he had to show in bail, he is putting on us

J Khanna: at the time of remand, onus is on you. at the time of bail, it's on him. he says you have not discharged burden

J Khanna: all material has to be seen...standard for arrest is much higher. You are going contrary to Vijay Madanlal...

Raju: S.19 PMLA...the word used is "material" and not "evidence". Material need not be admissible

J Khanna: arresting officer has to ensure that he complies with legislative mandate...that will have to be read as promoting the cause of liberty

J Khanna: can you just give us statements which implicate Kejriwal and on which date?

Raju: extracted in our written submissions, will come to that

J Khanna: the argument is debatable...but we are not required to go into that. we have to read S.24 till S.27 (Evidence Act) together

Raju: It's not a confession as far as he is concerned. even if statements post-arrest are not admissible, they are confessional

J Khanna: Magunta Reddy was never arrested? Neither by CBI nor by you

Raju: No

J Khanna: Buchi Babu?

Raju: Arrested by CBI

J Khanna: Statement recorded in custody? Will it be admissible?

Raju: he is a witness, he is going to dispose

Raju: Grounds of arrest and reasons to believe are same...

J Khanna: No Mr Raju, they are different