Arvind Kejriwal's Bail : Live Updates From Supreme Court

ASG: At arrest stage, you can't do merit review as far as reasons to believe concerned. Some questions were referred to larger bench. Interim bail may be recalled by larger bench.

J Bhuyan: That was only for elections

ASG: And in the other, arrest has been upheld!

Singhvi: Completely wrong statement. Necessity to arrest has not been upheld. Otherwise, how interim bail was granted?

ASG: Arrest is not bad. Regardless of whether or not S.41A applies. Now, those two interim bail orders in Kejriwal's favor...

ASG: Kejriwal's application in High Court has been called out. I can't be at two places at once

Singhvi: Court is adjourning it

ASG: I arrested him when (b),(c) and (d) were complied with. I could still arrest him and court permitted me.

J Kant: Your argument is S.41 power was not taken away, even if you resort to S.41A

ASG: It's not that a person who is issued notice under s.41A can't be arrested ever. Suppose we have not given him S.41A notice, is the arrest illegal? Does it warrant his being enlarged on bail?

ASG: for reasons to be recorded, we can still arrest person. There is no complete embargo to arrest a person to whom...we had the power to go and arrest him straightaway. He did not cooperate, misled, when we took another route

ASG: When we applied to court for S.41A permission, at that time, we had no intention of arresting. Later, we found we were entitled to arrest him under (b),(c),(d)

J Kant:Only process for you was he could come via court. Did you apply for permission from court, on facts?

ASG: Yes. Under S.41A.

ASG: There is implied compliance, whether police goes to him, or he comes to police.

Singhvi: He applies under S.41A!

J Kant: He was not a free person to whom S.41A notice could be issued. Court was his de jure guardian. You cannot invoke S.41A.