Arvind Kejriwal Arrest updates | Delhi HC dismisses plea challenging ED arrest in Excise policy case

Delhi Chief Minister Arvind Kejriwal will move the Supreme Court against a high court order dismissing the plea against his arrest by the Enforcement Directorate in a money laundering case linked to the alleged excise scam, AAP sources said on April 9.

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The ED was able to place enough material in the shape of Hawala dealers, statements of approvers, and statements of their own candidates who referred to the act that he was given money in cash for expenditure in Goa elections, the High Court said while dismissing Kejriwal’s plea. 

“Material of ED placed before this court included statements of hawala dealer as well as its own candidate (of AAP in Goa). Names have not been disclosed so that the case of petitioner is not adversely impacted”, the judge added. 

Upholding the arrest of the Chief Minister, Justice Sharma observes – 

“This court holds that arrest of Kejriwal was not in contravention of the sections concerned or the case of Pankaj Bansal. His remand can’t be termed as illegal.”

Justice Sharma also upheld the subsequent remand orders, including the one remanding Kejriwal to judicial custody. 

“Judges are bound by law and not by politics. Judgments are written by legal principles and not political affiliations. Political considerations cannot be brought before a court of law. The matter before this court is not a conflict between the central government and Kejriwal. It is a case between Kejriwal and the ED. Courts are concerned with constitutional morality and not political morality”, Justice Sharma asserts. 

Addressing arguments on the timing of Kejriwal’s arrest, the Court says – 

“Petitioner has been arrested in money laundering case and the court has to examine his arrest and remand as per law irrespective of the timing of elections. He (Kejriwal) would have known that Lok Sabha elections would be declared. He was unable to join the investigation.”

The judge adds that Kejriwal’s challenge to the timing of arrest before the general elections in the absence of any mala fide on the part of ED is not sustainable.

The Court says that this is not the appropriate stage of the trial to entertain questions of non-supply of documents and earlier statements of the approvers. 

‘In this court’s opinion, who gives tickets to contest elections against whom is not its concern,’ the judge says referring to Raghav Magunta’s father joining the ruling party alliance after making statements against Kejriwal as alleged by him. 

“The accused as a matter of right can question it at the stage of cross-examination. Shri Kejriwal has this valuable right at the stage of cross-examination (with respect to questioning the witnesses and statements). This court cannot step into the shoes of the trial court and conduct a mini-trial”, the judge said. 

The Court says that doubting the grant of pardon to approvers amounts to casting aspersions on the judicial process. 

“The law of approver is more than 100 years old. It is not a one-year-old law to suggest as if it was enacted to falsely implicate the petitioner”, the judge says. 

[Raghav Magunta Reddy, son of YSR Congress Party Lok Sabha MP Magunta Srinivasulu Reddy and Delhi-based businessman Dinesh Arora ​have turned approvers​ in the money laundering case linked to Delhi excise policy case being investigated by the ED]. 

The Court clarifies that the petition is not an application for the grant of bail and only to determine if the arrest of the Chief Minister was illegal. 

Justice Sharma translates the order in Hindi – “Ye petition bail ke liye nahi hai, ye sabit karne ke liye hai ki ye petition is illegal and Pankaj Bansal ke judgment ke contravention mein thi (This petition is not for bail, but to prove that the arrest was illegal and is in contravention of the Supreme Court’s judgment in Pankaj Bansal v. Union of India).”

The second issue before this court is whether the petitioner is entitled to release in view of his arrest and remand order. 

Justice Sharma begins dictating the verdict. 

“The petition challenges the arrest of the petitioner and states that the arrest was in violation of section 19 of the PMLA.” 

The Delhi High Court is set to deliver its verdict on Delhi CM Arvind Kejriwal’s petition contesting his arrest and custody by the ED in the excise policy case at 3.15 pm.

Ahead of the High Court’s hearing on Arvind Kejriwal’s arrest, the Delhi Rouse Avenue Court has extended the judicial custody of BRS leader K. Kavitha until April 23. She was arrested on March 15 in a money laundering case linked to the defunct Delhi liquor excise policy 2021-22. 

In this video, we look at the Delhi Excise Policy 2021-22, which is at the heart of the controversy. Introduced in November 2021, the policy was supposed to revamp how liquor is sold in Delhi. It was supposed to maximize revenue for the State, combat the sale of counterfeit alcohol, and enhance the consumer experience. However, the policy encountered vehement opposition and allegations of procedural irregularities, ultimately leading to its annulment on August 1st, 2022.

Watch | What was the New Delhi Excise Policy all about, and why is Arvind Kejriwal in trouble?

Arvind Kejriwal arrest: An explainer on the New Delhi Excise Policy on liquor which was scrapped in 2022, and has landed Arvind Kejriwal and other senior AAP leaders in trouble

The ED questioned Mr. Kejriwal’s assistant Bibhav Kumar and AAP MLA Durgesh Pathak in the excise policy-linked money laundering case. Their statement is being recorded under the provisions of the Prevention of Money Laundering Act (PMLA), officials said.

Both of them have been questioned in this case earlier too by the ED. Read the report here.

AAP legislators have alleged that the BJP was trying to bring the national capital under President’s rule. They made this claim in the Delhi Assembly on April 9.

Mr. Kejriwal’s arrest by the ED, the second Chief Minister from the INDIA bloc to be arrested in recent months, has united the Opposition coalition which has been struggling to set aside their differences over seat-sharing arrangements for the Lok Sabha polls. Opposition leaders questioned the timing of the arrest, with the Model Code of Conduct in place and the coincidence of it coming on the same day as the Election Commission publishing the entire data on electoral bonds.What are the political implications of Mr. Kejriwal’s arrest in the election season?

While the Aam Aadmi Party (AAP) has pulled out all the stops to muster public support for Mr. Kejriwal, the response of people on the streets seems divided between scepticism regarding the “intention” behind his arrest and the feeling that he must have committed some wrong. Read the story here.

The Delhi High Court on Monday observed that a plea seeking the removal of Arvind Kejriwal from the Chief Minister’s post was filed for “publicity” and the petitioner deserved to have “heavy costs” imposed on him for this.

Read the story here. 

Read The Hindu’s detailed explainer on the legal issues in contention. 

The legal issues surrounding Arvind Kejriwal’s arrest | Explained

Arvind Kejriwal arrest: The Hindu explores the legal issues surrounding the arrest of Delhi CM Arvind Kejriwal by the ED, including what legal contentions have been raised during the proceedings and what do judicial precedents say?

Read The Hindu’s live updates from the proceedings before the Delhi High Court. 

Arvind Kejriwal latest news updates: Kejriwal’s lawyer in Delhi High Court alleges bias by ED

Arvind Kejriwal latest news updates: Plea against Delhi CM arrest to come up for hearing today. Follow The Hindu for live updates on Delhi High Court Arvind Kejriwal news.

On Monday, the AAP launched a door-to-door campaign in Delhi and urged people to “avenge” Chief Minister Arvind Kejriwal’s arrest through their vote. 

AAP’s Rajya Sabha member Sandeep Pathak said the party’s ‘Jail ka Jawab Vote se’ was aimed at increasing public awareness about Mr. Kejriwal’s “illegal” arrest.Rajya Sabha member Sanjay Singh appealed to people to remember the Chief Minister when they cast their vote on May 25 for all seven Lok Sabha constituencies in the national capital. ​​Read the story here.​​

Mr. Kejriwal’s supporters have hit the streets demanding his release. On Sunday, many participated in a protest organised by the Aam Aadmi Party at Jantar Mantar in New Delhi. 

The protest was attended by party workers, supporters and schoolchildren. They sang patriotic songs, chanted bhajans and demanded proof of wrongdoing by Mr. Kejriwal, who is the party’s national convener.

Arvind Kejriwal’s arrest is the biggest challenge thrown at the AAP as well as its leader. As he was led away by ED officers after his remand hearing at the Rouse Avenue Court, just few metres away from the AAP’s headquarters, he remained defiant. “My life is dedicated to the country, whether I am inside (jail) or outside,” he said. The question the political observers are asking is whether his party which revolves entirely on his persona would survive this attack in his absence or not.

Arvind Kejriwal | The prophet of probity

The Hindu profiles on Delhi Chief Minister Arvind Kejriwal and his arrest by the Enforcement Directorate