@barandbench: Punjab and Haryana High Court ...

Punjab and Haryana High Court is hearing Punjab minister Sanjeev Arora’s plea challenging his arrest by ED in a money laundering case

Bench: Chief Justice Sheel Nagu, Justice Sanjiv Berry

This is a case where raid happened at the residence of a minister who was director of company which is located in Delhi. He could not have given any documents: Bali

No notice under Section 50 of PMLA was given: Bali

ED officer Pawan Kumar conducted the raid and arrested me. Section 19 contemplates there has to be independent opinion of the material. It cannot be same officer. Officer who is complainant against me cannot be arresting officer: Bali

7 am I was arrested. Grounds of arrest given at 4 PM. This was not recorded by trial judge: Bali

Bali takes Court through Section 19 of PMLA. Three things are important:

Material in possession. What does he have in possession at 7 am? He has material of FEMA raid. He is complainant in FIR against me: Bali

ECIR is lodged on 5th May. Raid is 9th of May. No material given under Section 50. Please call for record in sealed cover whether there was any investigation in FIR: Bali

What was the material to conduct raid? Please call for the record. Author of FIR cannot bypass Section 19 and Section 50 to say I will use material I have used in police complaint: Bali

Bali takes Court through remand order

They fabricated arrest memo: Bali

What was the need to wake up judge at 11:20 PM? See who is their Pawan Kumar. My arresting officer: Bali

When were you arrested? Court

I say 7 am. It has been held when a person is detained: Bali

You were produced when? Court

11:20 PM. If I was arrested at 4 PM, they could have easily produced me during working hours: Bali

My argument is when you arrest me you have to give me grounds of arrest there and then: Bali

The grounds of arrest were pre-typed. All orchestrated: Bali

The entire case record doesn’t say there is proceeds of crime which is mandatory for ECIR. Because this is my money only: Bali

They are still finding proceeds of crime. Till this time, there is no proceeds of crime. My argument was no investigation has happened in case. May case was Section 19 was violated. My case was grounds of arrest were not given at time of arrest. None considered by remand judge: Bali

Magistrate can never use prima facie while accepting arrest under Section 19. He has to say I looked at the material: Bali

No material was shown: Bali

Factually wrong: Zoheb Hossain, ED

Where has the learned judge verified anything? Prima facie cannot be reason to grant my arrest. I said there is no investigation. I said he is same officer who is complainant. He has no material independently: Bali

I am in much better position than Mr Arvind Kejriwal in this case: Bali while referring to Supreme Court decision on Kejriwal’s arrest

My arrest order says opinion has been formed after recording my statement at 3:25 PM: Bali

It feels like ld judge is charging me with something. This is arrest. Which is the record I am going to tamper with?: Bali

There are no proceeds of crime in this case. They (ED) say could have been generated, we will find out. This may go to root of ECIR which we may challenge at later stage: Bali

Even if they collect something now, they cannot predate it: Bali

I conclude by saying four things:

- Every conceivable benefit under Section 19
- No material is there
- I have not taken input tax, my goods were cleared and payment was made in cheque
- If the ED officer who is complainant against me has made mind, can he be officer under Section 19: Bali

I have given you the sequence of events. Defection happens in Punjab, MPs goes. There is FEMA raid against one MP but no ECIR. I stuck to my guns. I am arrested: Bali

Bali presses for interim

I am sitting minister. I have shown judgment after judgement: Bali

We have already started final arguments: Court

There is not even response by ED: Bali

You have not finished arguments for admission for two days: Court

This is third day: ED

We will have to hear them also: Court

We will hear on Monday: Court