The Supreme Court on April 30 underscored that life and liberty are exceedingly important while hearing Delhi Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate (ED) in a money laundering case stemming from the alleged Delhi excise policy scam.
A Bench of Justices Sanjiv Khanna and Dipankar Datta also asked the central agency to address arguments on the “timing” of the APP supremo’s arrest right before the ongoing Lok Sabha elections. The Bench will hear the matter next on May 3.
During the proceedings, senior advocate Abhishek Manu Singhvi contended that no “proceeds of crime” have been recovered so far by the ED and that the Prevention of Money Laundering Act, 2002, (PMLA) envisages a high threshold for arrest. He reiterated that mere non-cooperation could not be a ground for Mr. Kejriwal’s incarceration by the law enforcement agency.
Also Read: Mere non-cooperation with ED not a ground for arrest, Arvind Kejriwal tells Supreme Court
On the other hand, the ED in its affidavit filed before the top Court argued that arresting politicians who are “criminals” is not a blow against free and fair elections.
Meanwhile, the Delhi High Court on Monday said continuing as Delhi Chief Minister even after his arrest was Arvind Kejriwal’s personal choice, but his unavailability could not come in the way of poor school-going children getting free textbooks, writing material, and uniforms.
Also Read: Arrest of criminal politicians does not affect free elections: ED
In a massive blow to the Chief Minister, the Delhi High Court on April 9 said there was nothing illegal about his arrest by the ED. Justice Swarna Kanta recorded a prima facie finding that there was adequate material, including statements of approvers, involvement of middlemen and references that cash was handed over for expenditure in the 2022 Goa elections.
Mr. Kejriwal is currently lodged in the Tihar jail in the national capital after a Delhi court on April 23 extended his judicial custody till May 7.
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