ASG reads court's observation
ASG:
"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.
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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.
Court: The problem is more than 1000 people have joined court proceedings. So there is a technical problem.
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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: 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.
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ASG:
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.
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Court: Mr. Raju your arguments are on the main petition or stay application?
ASG SV Raju: Stay application.
ASG SV Raju: Stay application.
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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.
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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.
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Few more statements and ASG concludes submissions.
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Senior Advocate Abhishek Singhvi appears for Kejriwal.
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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.
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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.
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.
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Singhvi: SC has repeatedly said that when arrest is bad, there is no question of bail. Justice Sharma herself in para 4, a para conveniently forgotten by ED, says that I am not dealing with bail but arrest.
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Singhvi: Leave is granted against Justice Swarana Kanta Sharma's order. My friend has argued it as if Justice Sharma's order is the final word. It is being considered by SC. If the arrest is bad, all other steps are irrelevant. It is the last word of SC which will come in July and not Justice Sharma's.
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Kuch zyada confidence se bol raha hai 😂
July ka SC judgement kya hoga !
July ka SC judgement kya hoga !
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Singhvi: It is not saying I am granting bail to you because SC says grant me bail. The SC gives liberty to trial court to grant bail. Express liberty.
Singhvi: Expressly says you can approach for bail. My question is, if Justice Sharma's judgment was final, why this express liberty was given? If illegal arrest proceedings can be mixed with bail as the ED is deliberately doing then why did SC made a distinction that go to bail and we are reserving order.
Singhvi: Expressly says you can approach for bail. My question is, if Justice Sharma's judgment was final, why this express liberty was given? If illegal arrest proceedings can be mixed with bail as the ED is deliberately doing then why did SC made a distinction that go to bail and we are reserving order.
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Singhvi: Every time it is said that you have not noted, not considered. The judge notes it. Essay is not to be written. That in any event cannot be perversity.
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Singhvi: Stay is nothing but a cancellation of bail. The application is styled like Section 439(2). These two words are nothing but cancellation.
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Anti Hindu forces actively trending against Nalanda atrocities by Khilji
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Investigation can continue but without his presence - court
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Singhvi: Your lordships does not grant stay. Your lordships sends me back to jail after deciding the overwhelming and cogent circumstances.
Singhvi: My learned friend has no case. His so called perversity is imagined new definition of perversity. It is nothing but error and a different view. A different view is not perversity.
Singhvi: My learned friend has no case. His so called perversity is imagined new definition of perversity. It is nothing but error and a different view. A different view is not perversity.
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