Kejriwal's judicial custody extended; SC seeks ED's response in plea against his arrest, next hearing Apr 29

The apex court sought a response from the Enforcement Directorate on a plea by Delhi Chief Minister Arvind Kejriwal challenging his arrest in a money-laundering case stemming from the alleged excise policy scam. The Supreme Court directions came on the day a court in Delhi extended the judicial custody of Kejriwal till April 23.

New Delhi: The Supreme Court on Monday issued notice on a plea by Delhi Chief Minister Arvind Kejriwal challenging a Delhi High Court order, which upheld his arrest in a money-laundering case in relation to the alleged excise policy scam. Kejriwal was arrested by the Enforcement Directorate on March 21.

A bench comprising justices Sanjiv Khanna and Dipankar Datta issued notice and scheduled the matter for hearing in the week commencing on April 29. Solicitor General Tushar Mehta represented the Enforcement Directorate and senior advocate A M Singhvi represented Kejriwal before the apex court.

Singhvi urged the court to grant a short date for hearing in the matter and pointed out that the first round of elections will begin on April 19 and also emphasized on the election campaign. The apex court declined to consider the plea for an interim release of Kejriwal without waiting for the Enforcement Directorate's reply. Kejriwal moved the apex court against the high court’s order passed on April 9.

The Supreme Court directions came on the day a court in Delhi extended the judicial custody of Kejriwal till April 23. Special Judge for the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED), Kaveri Baweja, extended Kejriwal's custody after he was produced before the court through video-conferencing on the expiry of his period of custody granted earlier. The ED sought an extension of Kejriwal's custody, saying the investigation was at a crucial stage.

Kejriwal’s plea in Supreme Court stressed on the timing of his arrest, which happened just few days after the announcement of general elections and the imposition of the Model Code of Conduct. The plea argued that his arrest provided the ruling party an unfair advantage in the upcoming elections, compromising the principle of free and fair elections. The plea said that petitioner’s arrest will provide the ruling party at the Centre an unjust upper hand in the upcoming elections.

Seeking apex court’s intervention in the matter, the plea argued that Kejriwal’s arrest also constitutes an unprecedented assault on the tenets of democracy based on “free and fair elections” and “federalism”. The plea emphasized that both of these form significant constituents of the basic structure of the Constitution.

The plea argued that the conduct of the BJP after his arrest, demonstrates the way the machinery of law has been harnessed with the ‘oblique object’ of knocking out the political opposition.

The plea said that the present case is a classic case of how the ruling party led central government has misused the central agency and its wide powers under PMLA to crush its biggest political opponent. Citing the upcoming Lok Sabha elections, the plea said when political activity is at its highest, the petitioner’s illegal arrest has caused grave prejudice to the petitioner’s political party.

The high court had upheld Kejriwal’s arrest saying the Enforcement Directorate (ED) was left with “little option” after he skipped repeated summonses and refused to join the investigation. The high court has dismissed the Aam Aadmi Party (AAP) leader’s petition challenging his arrest by the ED and subsequent remand in the federal agency’s custody.

The matter pertains to alleged corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22 that was later scrapped. Kejriwal is in judicial custody till April 15 and is currently lodged in Tihar Jail.

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