Arvind Kejriwal news updates | Delhi HC reserves verdict on Kejriwal’s plea challenging his arrest

The Aam Aadmi Party on Wednesday gave a call for a nationwide collective fast on April 7 at Jantar Mantar against the arrest of Delhi Chief Minister Arvind Kejriwal, party leader Gopal Rai said on Wednesday.

Addressing a press conference, Rai, who is also the Delhi state convener of AAP, said the party has decided that on April 7, a nationwide collective fast will be observed to garner maximum support fm the public for Kejriwal’s fight.

“Those who are against the arrest of Arvind Kejriwal, who want to save the country’s democracy, and stop injustice and dictatorship, are urged to observe collective fasts in their homes, villages, neighbourhoods, block headquarters, tehsils, districts, and state capitals,” he said.

On April 7, a collective fast will be observed at Delhi’s Jantar Mantar, where all Delhi ministers, MLAs, MPs, councillors, officials, and workers of Delhi will participate.

-PTI

Singhvi refers to the ​Supreme Court’s judgment​ denying bail to former Deputy CM Manish Sisodia wherein it was observed that the allegation of receiving Rs.100 crore as kickbacks is “somewhat a matter of debate.” 

“The assertion in the complaint filed with the DoE that kickback of Rs.100,00,00,000 (rupees one hundred crore only) was actually paid by the liquor group is somewhat a matter of debate”. [Text from the judgment] 

Questioning the relevance that the cognisance of an offence has on an arrest, Mr. Singhvi remarks, 

“My friend doesn’t describe one thing which the petition is and labels everything that it is not… the petition remains one challenging illegal arrest under Section 19 PMLA. To bring in deliberate issues of bail quashing is uncalled for....The cognizance happened one and half years ago what relevance does it have to my (Arvind Kejriwal) arrest which happened around 10 days ago? How is it of any relevance in a Section 19 arrest petition?”

The ASG apprises the court that the Chief Minister has been arrested in a “dual capacity” – individually as well as in his role as the Convenor of AAP.

Elucidating further on how AAP can be impleaded as an accused in this case, he says – 

“You [AAP] may not be a company but you will be deemed to be a company if you are an “ association of individuals”. AAP is an association of individuals. It is a company under Section 70 of the PMLA.” 

Regarding the allegation of vicarious liability, the counsel points out – 

“A person can be accused if he is involved in the offence. If somebody else has committed an offence like a company then you can’t be held responsible unless there is provision of vicarious liability. This is found in Section 70 of the PMLA. We have established that evidence shows that kickbacks were used for the election campaign of AAP in Goa. The beneficiary was AAP.”

Referring to the Delhi Rouse Avenue court’s remand order, the ASG contends – 

“Please have a look at my remand application and the order passed by the court. This isn’t a mechanical order. It is an order passed after application of mind and perusal of the material.” 

Refuting Mr. Singhvi’s arguments on the timing of the Chief Minister’s arrest, ASG SV Raju contends – 

“Supposing a political person commits murder two days before elections. This means he can’t be arrested? Basic structure comes into play? Criminals are supposed to be arrested and put in jail. In such cases, there is no infringement of basic structure...This is a bogus argument...aam aadmi has to go behind bars but I am the Chief Minister, I can’t go to jail. Therefore, I will loot the country, make money, and take kickbacks but don’t touch me. Why? Because it is before elections”, he asserts. 

“It is not as if ED has become active now during the elections. It has been working all along....the ED also has constraints. A large no of digital devices were destroyed....and the attitude is – I didn’t do anything. You have done it very tactically, but we have unearthed it despite hurdles”, ASG SV Raju says. 

Referring to Section 45 of the PMLA, the ED’s counsel contends that in a money laundering case, bail can be rejected if there is a prima facie case of money laundering against the accused. He refers to the Supreme Court’s judgment in the Manish Sisodia case where “a clear-cut case” of money laundering was recognised by the court. 

“Indospirit was granted wholesale license despite complaint of cartelization. The complainant was forced to take back the complaint. No calculation was done as to why 5% profit was made 12%. The only inference is that it was done so that 7% of the portion is used for giving kickbacks. The fact that there is a scam is beyond doubt today. Howsoever hue and cry you make, it is a fact that a scam was there”, the ASG adds. 

Also Read: ED arrests businessman in Delhi excise policy case

ASG SV Raju contends that there is a “categorical finding” of money laundering. 

“The fact that money laundering offence has taken place is clear and beyond any doubt. Cognizance is always of the offence and not of the offender”, he adds. He refers to dates of orders where cognizance of ED’s complaints took place. 

The court is further apprised that Kejriwal has not challenged the latest remand orders and therefore the ED custody is not unlawful. 

“Today a person is arrested and is remanded to police custody for five days. The writ is filed challenging arrest and remand order. He is then put in custody pursuant to subsequent remand orders. So your custody today is pursuant to subsequent orders. If the prayer is not for subsequent orders, it is an academic exercise which the petitioner wants to undertake”, ASG SV Raju contends. 

ASG SV Raju points out that Kejriwal during the last hearing before the Rouse Avenue court in Delhi had not opposed a further extension of his remand. 

“Their case here is that remand is bad. But in the second remand (March 28) order he [Kejriwal] voluntarily accepts please remand me...Can he challenge this remand order? Or is it barred by waiver or acquiescence?”, he adds. 

[In its affidavit before the Delhi High Court, the ED referred to orders dated March 28 and April 1 passed by the trial court wherein it was recorded that the Chief Minister had no objection to the extension of his custody remand, thereby waiving his right to question his further custody.] 

ASG SV Raju apprises the court that the investigation is still at its nascent stage. “They fail to understand the factual position as the present petitioner has come at the threshold of investigation, as far as he is concerned at a nascent stage”, he says. 

“He [Kejriwal] has challenged the arrest under Section 19 of the PMLA. Today, on April 3, his custody is not pursuant to the first remand order or arrest. His custody is pursuant to the April 1 order which has not been challenged,” he points out further. 

ASG SV Raju alleges that although a writ petition for quashing of the arrest has been filed, it has been argued as a bail application. 

“...Some property which has already been attached and provisional proceedings are going on..We also want to attach some other properties of AAP. If we attach they will say election ke time kiya. We are in the horns of a dilemma”, he adds. 

Singhvi objects to ED using Section 70 of the PMLA (offences by companies) to implead AAP as an accused in the case. 

“Section 70 PMLA has been falsely, inaccurately and wrongly used. This is complete vicarious liability. Please don’t allow it to happen. Section 70 cannot be applied, it is specifically for companies. AAP is registered under the Representation of People Act, so then different statute cannot be subsumed in the heading of the company under PMLA. There has to be a specific role of the petitioner even for a company, which I am denying. There has to be knowledge, and due diligence on his part”, he says. 

Singhvi argues that no evidence has been submitted which shows that the “proceeds of crime” are linked to Kejriwal. 

“ED is mentioning from rooftop it [PMLA] is a stand-alone statute and the money laundering offence is an independent offence...Today there is no material to show proceeds of crime linking Kejriwal to it”, he adds. He relies on the Supreme Court’s judgment denying bail to former Deputy CM Manish Sisodia to point out that no new material has been advanced by the ED since then. 

Singhvi refers to co-accused Raghav Magunta’s statements to the ED and contends – 

“...Because there is a quid pro quo about approvers giving them bail and thereafter joining a political party. You are given an absolute bail hardly 10 days later after the statement. These are absolutely contrary statements- this is making a joke of accused rights and fair play.” 

Referring to Raghav Magunta’s father’s statement, Singhvi argues – “The father made the statement obviously to secure bail for his son. This statement is contrary to his earlier statements”. He points out that Magunta’s father joined an alliance of the ruling party after giving incriminating statements against the Delhi CM. 

Also Read: Magunta Sreenivasulu Reddy and his son Raghava meet JSP chief Pawan Kalyan

[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]. 

Read The Hindu’s detailed explainer here. 

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?

Singhvi argues that the evidentiary weight of statements given by approvers is “very low” unless corroborated. 

“Not a comma, full-stop of corroboration alleged. Forget proved. Your Lordships, act on assuring evidence. Not principal evidence. Here the evidence is entirely on co-accused and approver”, he adds. 

Referring to the incriminating statements given by co-accused persons in the case, Singhvi contends – 

“My next point is this whole unfortunate system of completely turning criminal law on its head. First, in several statements, there will be nothing against me – Raghav Magunta, Sarath Reddy and Magunta Reddy. Step 2, some of them are arrested. Step 3, the first time they give statements against me. Step 4, they are given bail without any objection. Then they get pardoned and approvership. Step 5 is unique, one of them is a candidate from the ruling party in the current elections. That is Magunta Reddy and the second one is shown to have purchased (electoral) bonds, that is Sarath Reddy. It is a completely biased approach. It is not the way criminal law can be applied”, he adds. 

Singhvi refers to the Supreme Court’s judgment in Pankaj Bansal v. Union of India (2023) to contend that the “necessity to arrest” must be shown. 

“Apart from the fact that your necessity to arrest is occasioned by completely ulterior motives... There is an old saying “If I am, I can do anything.” Just because you [ED] have the power to arrest, the test is not “can arrest”. The test is “should arrest test”. The only object is to humiliate and insult. The true object of the arrest is to disable me”, he adds. 

Singhvi apprises the High Court that there is no material whatsoever supporting the issuance of summons under Section 50 of the PMLA. 

“The first summons was sent on Oct 30, 2023. The ninth summons was sent on March 16, this year and between this period six months or so have passed. You (ED) are clearly arresting without enquiry/material which can form the basis of the arrest”, he says. 

Outlining the significance of the case, senior advocate Abhishek Manu Singhvi says that a level playing field which is a part of free and fair elections has been affected. 

“The first of the points is, please keep in mind the importance of the case in terms of level playing field. It has three components- free and fair elections which is in turn part of democracy which is in turn part of the basic structure. This case reeks of timing issues which ensures that Kejriwal is unable to participate in democratic activity and to try to disintegrate the AAP before the first vote is cast”, he adds. 

The High Court begins hearing Mr. Kejriwal’s plea seeking release from ED custody. Justice Swarana Kanta Sharma has presided. 

The BJP’s Delhi unit has sent a defamation notice to senior AAP leader Atishi and demanded a public apology for her claim that the saffron party approached her through a “very close” person to join it. The Delhi minister had claimed that she was advised to join the BJP or be ready to be arrested by the Enforcement Directorate in a month.

Read here

Justice Swarana Kanta Sharma of the Delhi High Court to hear Mr. Kejriwal’s plea challenging his arrest and his subsequent remand to ED custody at 12:30 pm. Senior advocates Abhishek Manu Singhvi and Vikram Chaudhari to appear for Mr. Kejriwal. Additional Solicitor General (ASG) SV Raju will represent the ED.

Before this, Delhi CM Arvind Kejriwal was arrested twice and sent to Tihar Jail: the first was during the 2012 anti-corruption movement spearheaded by Anna Hazare, when he was arrested along with several other protesters and kept in Jail number 1; the second was in a defamation case filed by Nitin Gadkari in 2014 when he was lodged in Jail number 4.

The jail number 2 houses convicts and currently 600 convicts and 50 under trails are lodged in this jail. Sources said gangsters like underworld don Chhota Rajan, Neeraj Bawana were also in the high security wards of this jail at some point of time.

PTI

Delhi Chief Minister Arvind Kejriwal started today morning by sweeping his prison cell with a broom at Delhi’s Tihar Jail, sources said. Sources said that all under-trial prisoners at Tihar Jail have to clean their cells themselves.

ANI

Aam Aadmi Party leader and Delhi Minister Gopal Rai will announce on April 3 the second phase of the WhatsApp campaign titled ‘ Kejriwal ko Aashirwaad’, sources said. The first phase of the campaign was earlier launched by Mr. Kejriwal’s wife, Sunita Kejriwal. With the campaign, a WhatsApp number has been shared through which people can send their messages.

PTI

Delhi Chief Minister Arvind Kejriwal lost 4.5 kg since his arrest by ED, Aam Aadmi Party leader Atishi said. She also alleged that BJP is putting Mr. Kejriwal’s health at risk.

However, the administration of Tihar jail, where Mr. Kejriwal is lodged till April 15, has denied the claims. A senior Tihar jail official said Mr. Kejriwal’s vitals are normal.

“Arvind Kejriwal ji is a severe diabetic. Despite health issues, he remained engaged 24 hours a day in the service of the country. Since his arrest, Mr. Kejriwal’s weight has decreased by 4.5 kg. This is very worrying. The BJP is putting his health at risk by putting him in jail,” she alleged in a post on X in Hindi.

If something happens to Arvind Kejriwal, not just the whole country, even God will not forgive them, she added.

PTI

A Delhi Court extended the Enforcement Directorate’s (ED) custody of Delhi Chief Minister Arvind Kejriwal till April 1 in the money laundering case registered in connection with the Delhi Excise Policy issue. He was earlier remanded to the agency’s custody till March 28.

Read the story here

While the Aam Aadmi Party (AAP) has pulled out all the stops to muster public support for its national convener and Delhi Chief Minister Arvind Kejriwal, who is in Enforcement Directorate (ED) custody on corruption charges, 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 Supreme Court order granting bail to Rajya Sabha member Sanjay Singh shows that “truth alone triumphs”, said the Aam Aadmi Party (AAP) on Tuesday as it hailed the leader’s release from jail six months after he was arrested in an excise policy case.

However, the BJP said the AAP leader’s release does not mean that he has been given a “clean chit”. It also said that the court order underscores the judiciary’s independence, contrary to the claims made by the Opposition leaders.

Read here

After the Supreme Court granted bail to Aam Aadmi Party MP Sanjay Singh, Shiv Sena (UBT) MP Priyanka Chaturvedi hit out at BJP and said that this showed that the BJP is misusing the Central agencies to suppress Opposition leaders and the ED is reduced to the Extortion Department of the BJP.

Priyanka Chaturvedi said, “I welcome the decision of the Supreme Court. This shows that the BJP is misusing the central agencies to suppress and politically arrest Opposition leaders. Sanjay Singh has got bail and he can get involved in his party affairs also. Enforcement Directorate has knelt down before BJP. ED has been reduced to the Extortion Department and an Extended Department of the BJP.”

ANI

For the majority of the tenure of independent India, the phrase “common man” evoked only one image for most Indians — a bespectacled dhoti-and-plaid-coat-clad old man with a startled expression conveying shock at the state of the new republic. The image emerged from cartoonist R.K. Laxman’s pencil.

Read the story here

Aam Aadmi Party (AAP) national convener and Delhi Chief Minister Arvind Kejriwal’s wife, Sunita Kejriwal, met party MLAs and councillors at the Chief Minister’s residence. This was the first meeting of the party’s elected representatives since the AAP chief’s arrest by the Enforcement Directorate (ED) on March 21.

Read here

Two scriptures, a religious pendant, and special diet were among the things ​Chief Minister Arvind Kejriwal ​requested be allowed to him in Tihar Jail.

Through an application moved by the CM’s lawyer, he also sought permission to keep a table and chair in his cell in Jail No.2 of the Tihar complex. The three books he has sought access to are the Ramayana, Bhagavad Gita, and How Prime Ministers Decide by Neerja Chowdhury.

​Read here​

Buoyed by the Supreme Court’s order granting bail to AAP MP Sanjay Singh, the Aam Aadmi Party called it a “big day for democracy” and hoped its other leaders will also be out of jail and the “mountain of lies” created by the BJP will collapse in the coming days.

Mr. Singh, arrested in a money laundering case linked to the Delhi Excise policy scam on October 4 last year, was granted bail after the Enforcement Directorate conceded that it has no objections.

PTI

The atmosphere was jubilant at AAP MP Sanjay Singh’s residence as supporters with “ dhol and nagada” gathered outside his house to celebrate the Supreme Court granting bail to him in the liquor “scam” case.

They raised slogans like “ Jail ke taale toot gaye, Sanjay bhaiya choot gaye” and “ Sanjay tum sangharsh karo, hum tumhare sath hain”.

Sanjay Singh’s wife Anita said the happiness is incomplete with three of her “brothers” — Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia and Satyendar Jain — still behind bars.

PTI

Jailed Aam Aadmi Party (AAP) leader Manish Sisodia told a Delhi court hearing his bail petition that “no purpose would be served” by keeping him in prison any further. The former Deputy Chief Minister told Special Judge M.K. Nagpal that the investigation against him in the Enforcement Directorate’s (ED) money laundering case was “already complete”, and that there was no possibility of him hampering the probe or destroying evidence related to the case. Mr. Sisodia, who was arrested in February 2023 by the Central Bureau of Investigation (CBI), is currently lodged in Tihar Jail. He was later taken into ED custody.

Read here

Delhi Chief Minister Arvind Kejriwal was allowed to talk to his wife Sunita through video conference and he also met his lawyer in person in the Tihar jail, officials said.

According to the officials, the AAP national convener talked to his wife and one more family member through video conference (VC) for about half an hour from the jail. The VC was arranged between 1.30 p.m. and 2 p.m. by jail authorities.

PTI

The Delhi High Court will hear Chief Minister Arvind Kejriwal’s plea challenging his arrest and remand to the custody of the Enforcement Directorate in Delhi Excise policy-linked money laundering case. The petition is listed for hearing before Justice Swarana Kanta Sharma on April 3.

A person close to Delhi Minister Atishi said she should join BJP or be prepared to be arrested by the Enforcement Directorate within a month, the Aam Aadmi Party leader claimed on April 2. She went on to add that four senior AAP leaders, including herself, would be arrested soon

​​Read here​​