ED v Mamata Banerjee : Live Updates From Supreme Court Hearing

Singhvi: the concept of three or four things intertwined conceptually in article 32 of part 3. One is person, the other is citizen, the third is nature of persons to whom part 3 was intended to apply.

Singhvi: your lordships May consider maintainability itself as significant important issue of law required to be referred.

Senior Advocate Abhishek Manu Singhvi for West Bengal DGP: maintainability itself is a significant important question of law to be referred to a larger Court. It is not that your lordships will first decide maintenability and then decide whether or not to refer

J Mishra: we did not hear this matter because election is around. The court does not want a political party to win an election. We do not want to be a party to a crime also. There is no timing for a decision. Don't argue on this. We know the timing of the request.

Banerjee: I can withdraw.

Banerjee: there are disputed questions of facts. Article 32 petition does not lie with a disputed question of fact. Your lord ships would have to consider whether it is appropriate for the ED to take anything of the political party or not. 2 years 3 years they did not do anything just before election they have.

Banerjee: if they can come to Supreme Court even without a complaint, then your lordships will be over over burdening yourself.

Banerjee: for CBI investigation the state has to give consent and in other cases constitutional Court has the power. It can be done when a complaint is there. What is the complaint? Article 32 petition is not a complaint.

Banerjee: ED is not a juristic person. Articles 14 and 21 or not available.

Banerjee: they have prayed that transfer the investigation to CBI. What is the foundation? They have not made any complaint. Had they made a complaint and no FIR had been lodged on that complaint they would be aggrieved but there is no complaint at all.

Solicitor General Tushar Mehta: Parliament is ongoing and four eminent Parliamentarians are here defending that this court should not go into such a serious issue. He has forgotten that he is not in Parliament now.