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
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
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
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
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
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