Kejriwal's counsel today said that he was not informed about the CBI moving an application before the Court and securing an order to question him.

"We got to know about this through media. We were not given the application (by CBI) or the order passed (by court)," Advocate Vivek Jain said on behalf of Kejriwal.

"The manner in which this has been done is of grave concern. Please allow us the access to the documents and defer this hearing to tomorrow," said Senior Advocate Vikram Chaudhari who also appeared for Kejriwal.

The CBI, however, maintained that investigation is the prerogative of agency and the law does not mandate that the accused should be informed.

"The law does not say that I have to tell them when I want to go and investigate him. The same thing happened in the case of K Kavitha. I only need court's permission. I am seeking permission because he is in my lord's custody. To investigate or not is my prerogative," said CBI counsel DP Singh.

"Since the accused was in judicial custody they sought permission to question him. He has not been formally arrested so far," the Court remarked.

"We were not given any opportunity. We are saying we will file a response to their application of remand. Heavens will not fall if we file a reply," Chaudhari said.

Chaudhari said that no Section 41 notice was given under Code of Criminal Procedure to appear for questioning.

"If My lords allow them to arrest him (Kejriwal), my lords will be allowing their shoulders to be used as a gun to shoot him. If My lords give them the permission to arrest, my lords will effectively be sanctifying the remand," he contended.

"I agree that they will have to justify the arrest," the Court remarked.

"I am only saying put me on prior notice before their application is allowed," Chaudhari reiterated.

Therefore, he requested that an opportunity be given to him to file a proper reply.

"To deny me an opportunity of effective hearing by not putting me to notice first denies me of my fundamental rights. Give me a chance to file a proper reply. I will file it today, have the hearing first thing in the morning tomorrow," Chaudhari submitted.

Singh said that there is no pending application as of today since CBI's plea was allowed by the Court earlier.

"There is no application pending as of now. What does he want? I will prepare my grounds of arrest and will come back then my lords will see how to proceed. My remand application doesn't have to be given on advance notice. It has never been done," he argued.

Singh maintained that Kejriwal does not have the right to advance notice.

"Let's start the process. I may be allowed to take him and then I will finalise arrest right now. They do not have the right to advance notice. Today, whatever I will be moving after his arrest, they will have all the applications," Singh said.

"He (CBI counsel) says he will place on record the material that they have for his arrest. After that i will hear you (Chaudhari). We will give you the copies of the documents that you want. We will pass a judicial order," the Court said.

Arvind Kejriwal moves Delhi High Court for bail in CBI case