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

J Khanna: Issue is what are contours of S.19? and, what judicial scrutiny need to be made by trial court and high court in this event?

SG: Also about first remand order challenge...

J Khanna: In this case, they have not by-passed S.167 stage

J Datta: There are self-imposed restrictions on courts...but if you bring it to a PMLA case, who will give bail under such strict conditions

J Khanna: Let's sum up your arguments

J Datta: Under S.45 PMLA, onus is on accused. Is it open for him to show to Special Judge that arrest is not legal and therefore give me bail?

SG: Not at the stage of S.45

J Datta: This is the difference between CrPC and PMLA.

J Datta: The threshold of arrest in PMLA is much higher

J Khanna: Suppose remand is given after S.41 arrest, can a person not file 227? So where is the distinction?

SG: If I am arrested on my neighbor's complaint, ordinary citizens go through CrPC. They do not directly rush to the court. Please don't open those doors. It will have disastrous consequences.

J Khanna: Every ordinary citizen moves...we have got 300 matters of GST

SG: The root of that was Chapter 12 CrPC...regarding judicial review

SG: Right from 1950s till date, law is that once there is remand order, habeas corpus is not maintainable

J Khanna: No, that's not the reason...go through Senthil Balaji...if there is an order of the court...then it's 227

SG: My learned friend said reasons should also reflect that he conducted a mini-trial in his mind. But I say S.19 must record his reasons why he thinks arrest is necessary based on material...otherwise there is no difference between IO and judge.

SG: S.19 authority is supposed to decide whether there is existence of material which requires arrest of a person. He is not supposed to exercise judicial powers of weighing evidence. Arrest is part of investigation

SG: Now I will take your Lordships through some judgments.