INTRODUCTION:
The Supreme Court is scheduled to hear the Delhi Chief Minister Arvind Kejriwal’s plea regarding arrest by Enforcement Directorate on Monday. The Special Leave Petition (SLP) filed by CM Kejriwal is before the bench of Justice Sanjiv Khanna and Dipankar Datta. However, earlier on April 10 Delhi High Court has dismissed his plea and found that charges levelled against Kejriwal are valid and have enough evidence. The hearing would be significant as Kejriwal’s remand is ending that day only.
EARLY HEARING:
Arvind Kejriwal’s lawyer on April 10 mentioned that the arrest in “Delhi Excise Policy Scam” are based on unreliable documents which were suppressed by teh defence side and the arrest is totally politically motivated. While the Delhi High Court on April 9 found nothing illegal about teh CM’s arrest. Justice Swarna Kanta on prima facie order found that ED has adequate evidence, supporting documents and references to prove that cash was handed for expenditure in Goa Elections.
HIGH COURT’S STATEMENT:
Single Judge Bench of Justice Swarna Kanta Sharma said that ED has enough evidence to prove that CM is also a part of this scam. The statement by court says – “The present petition challenges the arrest of the petitioner and states that the arrest was in vilation of Section 19 of the Prevedntion of Mponey Laundering Act (PMLA). Before proceedings further this court would like to clarify at this stage that present petition is not an application seeking a grant of bail but release on th ground that the arrest of the petitioner is illegal and in violation of principles laid down by Supreme Court in Pankaj Bansal Vs. Union of India.”
ALLEGATIONS BY ED:
ED alleged before the court that Arvind Kejriwal conspired with other persons and was actively involved in the formation of “Delhi Excise Policy 2021-22”. ED states that CM is the kingpin of the policy. ED alleges Kejriwal of money laundering and states that as the National Convenor of the Party (AAP) Kejriwal used this money to fund election campaign for Goa Elections to which the court agreed and stated that arrest made by ED is legal and on valid evidences.
OTHER ARRESTS:
Soon after Delhi Excise Policy came into effect in November 2021 AAP’s leaders are having a tough time. Central Bureau of Investigation (BI) and ED had earlier arrested Delhi’s Education Minister Manish Sisodiya, Health Minister – Satyendra Jain, Rajya Sabha MP – Sanjay Singh (now released) in Delhi Liquor Policy case.
CRUX:
Kejriwal’s fate will now be decided on Monday by Supreme Court after CJI Chandrachud agreed for early hearing of the plea. Additional Solicitor General Raju will appear for ED while Mr. AM Singhvi will be present for hearing for Kejriwal.
-Samyak Jain