Hemant Soren's Interim Bail Plea : Live Updates From Supreme Court

J Datta: When a judicial forum has come to prima facie finding, and it is not challenged, whether a writ court would still look into validity of arrest?

J Datta: Court has to confine itself to the status on date of arrest?

Sibal: With respect, yes

J Datta: Here, there are some factual dissimilarities. Cognizance has been taken, therefore court was prima-facie satisfied.

Sibal: I was arrested on January 31, S.19 applied. On said date, there was nothing with them to invoke PMLA

Sibal: This was a case where grounds of arrest were not conveyed. ASG argued that there was no question of setting aside arrest because of remand orders.

Sibal: S.45 does not apply at the stage of S.19

J Datta: Show us a judicial precedent

Sibal: Newclick case...Purkayastha case! After the arrest, there was remand order. Court says nothing doing, arrest is bad. End of the matter

Sibal: I challenged arrest before HC, it remained pending for 2-2.5 months, I can't ask for bail

J Datta: You applied for bail while it was pending

Sibal: We said 'without prejudice'

J Datta: There can't be interim order

Sibal: I am not asking for bail, I am saying accept everything, even then there is no case

Sibal: This challenge is under S.19 PMLA. Illegal possession of property is not a scheduled offense, as a matter of law. How does PMLA lie, predicate offense is forgery in which I am not involved

J Datta: If we hold arrest illegal, what will happen to these 2 orders?

Sibal: They will go

J Datta: Why will they go? They are findings of judicial forum, which have not been challenged

ASG: Now please see S.45 PMLA, when bail can be rejected

J Datta: We are letting you know what's passing through our mind. You filed a writ before HC. There are subsequent developments ASG is citing. Cognizance order has not been challenged.