A bench of Supreme Court Justices Sanjiv Khanna and Dipankar Datta on Tuesday said the Directorate of Enforcement (ED) would have to justify the timing of the arrest of Delhi Chief Minister Arvind Kejriwal in the excise policy case on March 21. The arrest happened a few days after the Model Code of Conduct (MCC) kicked in on March 16.
MCC is a set of guidelines for political parties and candidates to set standards of conduct during the election campaign and polling. It comes into force immediately when the election schedule is announced by the Election Commission and remains in operation till the results are announced.
The Bench was on its second day of hearings on a petition filed by Mr. Kejriwal, on his fifth furlough of remand till May 7. Justice Khanna said ED has to address the court “on the timing of his [Mr. Kejriwal’s] arrest before the elections”. Mr. Kejriwal’s petition was based on the argument that his arrest was timed to weaken the Opposition ahead of the general election. The Delhi Chief Minister and his Aam Aadmi Party have portrayed ED as a “tool” for the ruling BJP.
“What was so imminent about my arrest? Was I a hardened criminal or a terrorist who would run away… So, did you leave a guilty Chief Minister to roam free all these years?” senior advocate A.M. Singhvi, appearing for the Chief Minister, had argued on Monday.
Mr. Singhvi also argued the arrest of Mr. Kejriwal was based on hearsay and statements that accused-turned-approvers had made after their arrest.
ED holds that the arrest was based on material evidence. “Criminal” politicians cannot expect immunity from arrest on the grounds that they want to campaign for elections, the agency said in an 87-page affidavit.
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