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Supreme Court questions timing of Arvind Kejriwal arrest by ED before Lok Sabha elections

1. Without there being adjudicatory proceeding, can you have criminal proceedings initiated in terms of what has been held in Pankaj Bansal v Union of India and Vijay Madanlal v. Union of India…there are no proceedings of attachment in this case so far, and if there are, then show how the petitioner is involved.

2. As far as the Manish Sisodia case is concerned, there are findings in favour and against…tell us where does the Kejriwal case lie then?

3. They think threshold of Section 19 of Prevention of Money Laundering Act (PMLA), which casts onus on prosecution and not on accused is fairly high and thus asking for regular bail does not happen as they are confronted with Section 45 and onus shifts on them. So how do we interpret it? Do we make the threshold much higher and ensure that standard is same to find the person who is guilty?

4. Then the time gap between initiation of proceedings and then the action of arrest etc…if you see Section 8, there is a limit of 365 days..though we are in bail matter…See other option is to not arrest…life and liberty is important.

5. Then the timing of arrest which is just before the general elections.

Source: Barandbench

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