Delhi High Court Hears Kejriwal's Arrest Plea: ED's Actions Under Scrutiny

As the plea against the arrest by the Enforcement Directorate (ED) in the liquor policy case was initiated in the Delhi High Court on Wednesday.

In the proceedings, advocate Abhishek Manu Singhvi informed the court that the timing of the arrest was suggestive of a democracy issue, as the petitioner, that is Kejriwal, would not be able to participate in the election process.

Delhi High Court Hears Kejriwal's Arrest Plea

The arrest was alleged to be an attempt to dismantle the Aam Aadmi Party even before the commencement of voting, Singhvi stated at the beginning of the argument. Questioning the urgency of Kejriwal's arrest, Singhvi remarked, "The timing reeks of the basic structure issue, free and fair election issue, and democracy issue. What is this urgency or necessity?"

He argued that between October 30, 2023 (the date of the first summons) and March 16 (the date of the 9th summons), no material supporting Section 50 of the PMLA was found by the ED. Kejriwal's lawyer mentioned that the ED remand application stated they wanted to ascertain the role of the chief minister, which cannot be the grounds for the arrest, as reported by Hindustan Times.

Notably, Kejriwal was remanded to 15-day judicial custody by the Rouse Avenue court, three days ago, on April 1. The high court is considering a plea filed by the Delhi chief minister challenging his arrest.

Meanwhile, Kejriwal has retained his position as the chief minister even after being sent to Tihar. But for AAP there is a sigh of relief as AAP MP Sanjay Singh obtained bail in the same case on Tuesday. However, the Supreme Court stipulated that Sanjay Singh's bail could not serve as precedent in any other case, as reported Hindustan Times.

ED's Response to the plea

The ED contended that Kejriwal could not invoke the pretext of elections because the elections have already commenced; the ED's activities have not begun recently. Regarding the scam, the ED counsel asserted, "It is beyond doubt that there is a scam. Howsoever you make hue and cry today but it is clear that there was a scam and the exchequer and public have been deprived of the money."

Further, the ED cousel stated, "The fact that there was a scam running into 100 crores was not known at the time of the elections. They cannot take a bogey of elections. The elections have come now. It's not as if ED has become active now," as per media reports.

The lawyer representing the ED, S Raju, clarified that the money was not found because it was utilized in the Goa election campaign. "Money can be sent abroad as well. And when the ED asks you where the money is, you say you don't know," he added.