My arrest is to humiliate, incapacitate me, Kejriwal tells court

Delhi Chief Minister Arvind Kejriwal hit out at the Enforcement Directorate on Wednesday, alleging that the sole aim of arresting him was “to humiliate me … incapacitate me” ahead of elections.

In custody since his arrest on March 21, the Aam Aadmi Party (AAP) leader told the Delhi High Court that he was arrested “without any inquiry, statement or material that could be the basis of arrest”.

Kejriwal’s charge

The chief minister said the ED’s purpose in taking him into custody in the Delhi excise policy case was to prevent him from taking part in the Lok Sabha elections and alleged that efforts were being made to break AAP.

Kejriwal’s arrest has sparked widespread condemnation, with Germany and the United States advocating a due process of law for the AAP leader.

Missing evidence

Appearing for Kejriwal, senior advocate Abhishek Manu Singhvi said the ED did not have any evidence against the chief minister.

"While arresting Kejriwal, no attempt was made to take his statement at home... ED should have done this before arresting him," he said.

Lawyer speaks

Singhvi also pointed out that Kejriwal’s arrest aimed to prevent a level playing field for various political parties ahead of the staggered parliamentary elections starting on April 19.

"'Level playing field' (before an election) is not just a phrase. It is part of 'free and fair elections' which is part of a democratic structure. This case reeks of timing issues," Singhvi said.

“It (arrest) reeks of the timing issue -- to not participate in the election and to try and demolish the political party before the first vote is cast.

ED challenged

“The timing reeks of basic structure issue, free and fair election issue and democracy issue. What is this urgency or necessity? I am not talking about politics... I am talking about law," he said.

Singhvi also questioned the ED over the issue of multiple summons to the Chief Minister, particularly after the AAP leader had moved the court to challenge the agency's call.

"Was there a possibility of Kejriwal fleeing? Did he try to influence any witness in one-and-a half years? Did he refuse to be questioned?" asked the lawyer.

Flimsy excuses

Singhvi argued that between October 30, 2023, on which day the ED issued its first summons to Kejriwal, and March 16, when the ninth summons was issued, the ED found no material supporting section 50 of the Prevention of Money Laundering Act.

The ED remand application said they wanted to find out the role of the chief minister, which, the lawyer argued, cannot be the ground for the arrest.

After spending over 10 days in ED custody, a court sent Kejriwal to judicial custody. The ED did not seek further custody but said his release could hamper its probe.