Arvind Kejriwal's Bail : Live Updates From Supreme Court

Singhvi: A second release order has come from trial court in ED case. I could have come out. I was not arrested by CBI. But it was stayed. Then CBI wakes up after 2 years...FIR is August, 2022. If this is not insurance arrest...

Singhvi: In our case, that distinction may not have relevance, except in my favor. Please see what happened in this case

J Kant: In S.41, you have to have a prima facie reasonable opinion. In S.41A, you do not require him to be arrested, but you ask him to join. A marked distinction is formation of reasonable opinion.

Singhvi: You can't be trigger-happy. There have to be safeguards.

Singhvi reads S.41A CrPC

Singhvi: S.41A CrPC was inserted in 2010 for a purpose...arrests were sought to be regulated. You can't just barge in to arrest without any basis

Singhvi: Above all, this is a case where S.45 is found fit to release three times. But triple test is not - for a constitutional functionary. (2) Second submission is on S.41 and S.41A CrPC

SInghvi: There can't be tampering. Lakhs of documents. Manish Sisodia judgment deals with it. 5 chargesheets have been filed.

Singhvi: Triple test is based on presumption of innocence. Ultimate object is to secure presence. You should not be a flight risk. A man who is a constitutional functionary cannot be a flight risk

ASG: HC had examined the question of concurrent jurisdiction

Singhvi: Now my submissions. (1) Your Lordship is in jurisdiction of triple test, no special bar or provision

Singhvi: No order was pronounced. But bail was heard on merits. After a month, judge says I decide not to decide bail. there are 13 judgments by Supreme Court that deprecates delay in bail sending you back. What was the point of sending me back?