Kejriwal’s arrest: HC to deliver order by 4 pm
“The challenge is to the foundation of arrest and there are several glaring issues that need immediate decision by the high court either way,” argues Singhvi
A single-judge Bench of Delhi High Court will hear Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate (ED) in a money-laundering case related to the now-scrapped excise policy after lunch on Wednesday afternoon and deliver an order by 4 pm.
The matter came up for hearing on Wednesday morning, and the ED urged the court to grant it time to file a reply to Kejriwal’s plea. After Kejriwal’s counsel, Senior Advocate Abhishek Singhvi, questioned the agency’s “delaying tactics”, Justice Swarana Kanta Sharma passed over the matter for a hearing later in the day and said she would pass an order by 4 pm.
Singhvi’s argument
Arguing his case in the morning, Singhvi said the ED’s request for three weeks to file a reply is “completely mala fide”. Pointing out that it was “an issue of fundamental right”, he added, “There is a strange situation of a sitting CM arrested on a summons issued in October without any statement under Section 50 and non-existent inquiry. The object of the arrest is very different. It is to create a non-level playing field.”
He said it was “hitting at the heart of democracy and the heart of basic structure doctrine”.
Singhvi pointed out a pattern in the ED arrests in the excise policy case. “…a person, who suffers in jail, is then made to apply for bail. Next step, the ASG tells the court, I have no opposition to bail. The reason cited is he has back pain. The next step is, he comes out and makes a statement against me. Next, he turns approver and is granted pardon,” narrated Singhvi.
“This has happened in every case in the liquor policy case. It is blowing to smithereens the constitutional safeguards,” he added.
ASG’s counter
Additional Solicitor General SV Raju, appearing for the ED, earlier said the “bulky” petition was served upon them only on Tuesday (March 26), and three weeks should be given to bring their stand on record.
“For interim relief as well, appropriate time should be given to respond,” he said.
To that, Singhvi countered, “The person has been jail. On March 23, the petition was filed. Defects were cured later. I am sure Mr Raju does not want us to serve the defective copy to him. Defects were cleared late last night and we shared the petition with him then.”
When Justice Sharma said she would seek a reply and give a short date for the hearing on interim relief, Singhvi said he had challenged the remand that will end on Thursday. “I am asking the ladyship to decide the basis of the remand. That requires no reply from anyone.”
“The challenge is to the foundation of arrest and there are several glaring issues that need immediate decision by the high court either way,” the senior lawyer argued.
Kejriwal’s arrest
Justice Sharma then said she would take up the matter later in the day after completing the supplementary list and pass an order by 4 pm.
Kejriwal was arrested on March 21 and subsequently remanded in the ED’s custody till March 28 by the Rouse Avenue court. The ED had sought the AAP convener’s custody till March 28 “for his detailed and sustained interrogation”.
The ED arrested Kejriwal hours after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.
The case pertains to the alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22 that was later scrapped.
(With inputs from agencies)
