Pleas Of Arvind Kejriwal & Hemant Soren Against ED Arrest : Live Updates From Supreme Court

Singhvi: Few statements are hearsay. Raghav, Sarath Reddy, etc...there are electoral bonds...father (MSR) joined BJP

J Khanna: You are focusing on Section 19, we understand. Test is stricter. Let's see what VMC says

Singhvi: But please note I am not an accused! They accept I am neither accused nor suspect till March'24.

Singhvi: 16th statement taken from someone behind bars...he gets bail later and turns approver. His statement becomes basis. That statement is July last year. They arrest me in March. I am not saying CM has immunity, but does he have lesser rights?

Singhvi: You are arresting someone after Model Code of Conduct after not arresting for long. Either you have imminent material, or there is material on guilt, or some basis which we don't know

Singhvi: these 3 phrases - (1) material in possession (2) reason to believe (3) guilty of offense...power to arrest is not need to arrest. Guilt has to be made out, not mere suspicion. This is also the threshold in Section 45 PMLA

Singhvi refers to Vijay Madanlal Chaudhary judgment: There is enhanced threshold for Section 19

J Khanna: Documents analyzed at stage of bail is basically police diary and documents they are able to collect...there is prima facie...

Singhvi: This is traditional bail...please see Section 19 PMLA

J Khanna: Let's forget this and take a normal criminal case. Say a person who is arrested is produced before court. Application moved for police custody. They give grounds for custody. Court decides to give custody...

Singhvi: Between Sept'22 and July'23, Raghav Magunta...

J Khanna: Would it not be proper for you to argue on reasons to arrest?

Singhvi: This is towards that

Singhvi taking the court through Section 50 PMLA statements of witnesses relied by ED