Supreme Court of India can be seen in this collage along with Delhi CM Arvind Kejriwal.
Credit: iStock and PTI Photos
Justices Sanjiv Khanna and Dipankar Datta will hear the matter
Kejriwal has been granted bail in the matter till June 1
Delhi CM Arvind Kejriwal's plea against the ED arrest in the excise policy case is listed before the SC for a final hearing
Out on bail, Kejriwal attended a joint presser with Samajwadi Party chief Akhilesh Yadav in Lucknow
SC bins ED objection to CM's statement that if people vote for AAP, he won't go to jail on June 2
The Solicitor General said "Arvind Kejriwal has said that if you vote for me then I do not have to go to jail on June 2", adding how he could say this.
To this, the court replied "we welcome criticism of the verdict. We will not go into that. Our order is clear when he has to surrender. It is order of Apex court and the rule of law shall be governed by this. We did not make an exception for anybody."
The SG retorted that Kejriwal's remark was like 'slapping the institution', to which the top court said 'we will not go into this.'
Kejriwal's counsel refers to Union minister's statement on interim bail to Delhi CM, SC says critical analysis of verdict welcome (PTI)
We have not made any exception for anybody, we said in our order what we felt was justified: SC on interim bail to Kejriwal (PTI)
Supreme Court will resume hearing the matter at 2 pm
Supreme Court resumes hearing matter
SC has held mini trial cannot be held.. even at the framing of charge you cannot look at material which is not produced by IO: ASG
Wrong to contend Kejriwal can't be granted bail because charges are framed, says Justice Khanna
Kejriwal demanded Rs 100 crore bribe, we have direct evidence of this, says ASG
Kejriwal demanded Rs 100 crore bribe and as a result of this the money was generated. the ASG told the top court.
It reached Goa and was used in elections by the AAP. The party will made an accused in this case. We have direct evidence that Kejriwal stayed in seven star hotel and bill ran into lakhs, the ASG added.
No essay needed for ground of arrest, says ASG; SC's Justice Khanna asks for investigation diaries
The ASG added "Reason to believe does not have to be merits and demerits. There is material for 100 cr bribe but there is no need to have material also showing that perhaps bribe was not given etc or to show material which favours their version. I am not required to dislodge and give a judgment."
To this, Justice Khanna of the Supreme Court replied "I hope the investigation diaries which we had asked for is here. We will go through it.." (Bar and Bench)
If we have to quash the matter, we'll say relevant material hasn't been taken into record, says Justice Khanna
Material has to be seen after chargesheet is filed, contends ASG; SC points out then there can't be bail till chargesheet is filed, which is not possible
In the back-and-forth between the ASG and the top court, the former said material has to be examined after the chargesheet is filed, to which the SC bench quickly retorted that in that case bail cannot be granted till the chargesheet is filed, which cannot be the case.
When the bench noted the attorney seemed to be caught in his own web, the ASG said "Positive material can be looked at the stage of bail and not at this stage. Chargesheet was not perhaps correct to say at this point."
ASG counters to that, says but not applicable in this case
ASG points out that in this case, it is not applicable.
Justice Datta agrees, says "Yes yes not in the facts of this case."
Statement of approver Raghav Magunta read out by ASG on Kejriwal demanding Rs 100 crore bribe, SC asks when was the liquor policy implemented
ASG reads statement of approver Raghav Magunta on how he recollected what his father told him about Kejriwal demanding 100 crore bribe.
ASG says, "We are still at the investigation stage.
SC bench asks, "When was liquor policy implemented? Was it before or after the bribe was sought?
More arguments and counter-arguments follow on timing of bribe and policy implementation
Adv AM Singhvi: He is saying bribe was paid after the policy was implemented.
SC: Please let him argue. We need to finish.
ASG: This 100 crore is corroborated.
Justice Khanna (smiles): didn't you scale it down to 45 crores.
ASG: Money trail of 45 crores.
SC: You need to also explain that if attachments are not there of 45 crores then PMLA cannot be invoked.. oh yes You had submitted that attachment is only on preliminary issues and rest on conviction.
ASG: I will submit a note on that.
SC: Then is our enactment in line with FTA? Because as per that there has to be proceeds of crime... Here all spent on election?
ASG: Madanlal says money need not even go abroad
Payment of Rs 1 lakh may not be very relevant when we are talking about this much money, says SC
Justice Khanna observed that a payment of Rs 1 lakh may not be very relevant when we are talking about this much money.
"As per the arguments raised by them we have to put the curtains down on the date of arrest. You can postpone the arrest.. the question is when you arrest material must be sufficient and you cannot rely on material post the arrest," Justice Khanna said.
SC draws parallel between electoral bonds case and excise policy, says will any political party be out of it
J Khanna to SG Mehta: You go through quotation of your arguments in Electoral Bonds judgment. Will any political party be out of it?
SG: It may be a case of corruption, not political funding.
ASG: GoM was only on paper. They had no proof of what they were doing. Sisodia, Gehlot and Satyendra Jain were members.
J Khanna: You said Sisodia was the brain. What was his date of arrest?
ASG: March 9
ASG says there are other statements apart from approver's against Kejriwal
Approver statement parameters for credibility are different. He gets benefit of confession. It has to be corroborated.
ASG: There are other statements.
ASG counters veracity and credibility of evidence is not to be looked at this stage
ASG: He is involved in decision-making. He was in-charge of AAP at the time of offense. He was intrinsically involved in the Delhi Liquor Policy
ASG says evidence perused by 3 courts on Kejriwal
ASG: Material has been perused by 3 courts. Special Judge, Division Bench of High Court and the Bench in the impugned order. Extensive arguments made. We produced the record.
ASG: This is after perusing the file...
J Khanna: This was before arrest?
ASG: Yes, arrest was made after that on same day
Matter to be taken up tomorrow at 2:30 pm again
J Khanna: Tomorrow, 2:30
Singhvi: Let Mr Raju conclude today
SG: My friend has started a trial...answers have to be given
J Khanna: Several legal issues have come up. So, matter will be tentatively now heard tomorrow.
No exception made in granting interim bail to Kejriwal, critical analysis of verdict welcome: SC
The Supreme Court on Thursday steered clear of the political talk about it having made an exception for Delhi Chief Minister Arvind Kejriwal in granting him interim bail for campaigning in the Lok Sabha polls but said "critical analysis of the judgement is welcome".
A bench of Justices Sanjiv Khanna and Dipankar Datta said, "We have not made any exception for anybody. We said in our order what we felt was justified," the bench said.