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ASG on trial court observation that ED failed to point out direct evidence against Kejriwal:

This is a wrong statement. We read Magunta Reddy statement. You can decide against me but don't say wrong things about me in the order.

ASG: This reply was on record. Judge says bulky, I'll not go through it. Then says ED failed to point out. What kind of order is this? I am shocked.

ASG: There is direct evidence. We also pointed out that this fellow met the CM. And he said that Kejriwal told me give me 100 crores. Proceeds of crime is recognised.

ASG: We have shown all this to show that he had a role in the demand of 100 crores. Yet the judge says no direct evidence. Direct evidence is in the form of statement. There is corroboration also. Now let me show how one sided and perverse the order is.

ASG: Then the judge refers to speech of CJI which I think is not relevant. Then the judge relies on statement of Benjamin Franklin.

This principle applies at stage of trial and not bail.

Court:

What I understand is that you made two three arguments. That opportunity was not given and that the findings were against the High Court judgment.

ASG:

There should be a finding that he is not guilty. That is not there. There cannot be a better case for cancellation of bail than this one.

ASG reads "Guilt of the accused yet to be established".

ASG:

See section 45. Finding should be that reasonable grounds of believing that he is not guilty.

ASG reads court's observation

"Although, this is not incorrect that holding a constitutional chair or clear antecedents may not be the only ground for bail as the gravity of alleged offence is required to be looked into. However, it has always been a helpful argument for an accused..."

ASG:

That means any minister has to be granted bail. Therefore you're a CM so you should be granted bail. Unheard of.

Chaudhari informs court that Mr. Singhvi is unable to join proceedings.

Court: The problem is more than 1000 people have joined court proceedings. So there is a technical problem.

ASG: Kindly look at the conditions (imposed by SC while granting interim bail to Kejriwal).

ASG: Why because they were saying elections were there. Therefore SC didn't give him a clean chit. Despite SC saying that observations be not treated as an expression on merits, it is still done by the trial court.

ASG:

Totally perverse. Para 26 is also wrong on facts.

We have traced out 45 crores. In our reply we have shown that money was used in Goa elections. End to end money trail has been given.

ASG:

A judge who admits that I haven't read the papers and I am granting bail, there cannot be greater perversity than this. This order has to go on this finding alone.

Court: Mr. Raju your arguments are on the main petition or stay application?

ASG SV Raju: Stay application.

ASG:

Our case is that Kejriwal is guilty of money laundering offence in two capacities.

One is individual capacity where he personally demanded 100 crores and was part of the policy. His role shows generation of proceeds of crime.

Second, he is vicariously liable because AAP is guilty of offence of money laundering.

AAP used these funds in the election campaign of AAP candidates and events.

AAP is also guilty.

And we have made AAP accused.

AAP can be made accused because of section 70 PMLA.

And if that can be done, every person responsible for affairs of company, and Kejriwal being responsible for AAP will be responsible and guilty.

ASG: At stage of bail, even 161 statements are looked at. Here there are statements under section 50 PMLA which are admissible as evidence. It's not only statements that we're relying upon, we have documentary evidence also.

Few more statements and ASG concludes submissions.

Senior Advocate Abhishek Singhvi appears for Kejriwal.

Singhvi: ED conception appears to be that a bail hearing, merely because it involves a CM must go on endlessly for hours without end. Must mean that judge must write an essay and if the judge doesn't repeat every argument of Mr. Raju, it will give opportunity for Mr. Raju to malign the judge. It is unfortunate.

Singhvi: This whole approach is deplorable and very sad. It should never come from a government authority but for long statutory objectivity of statutory body is lost as far as ED is concerned.

Singhvi: It is unfair that this matter lasted for over five hours. 3 hours 45 mins were taken by Mr. Raju. 1 hour 15 mins were taken by Mr. Chaudhari.