The Delhi High Court on Tuesday rejected Delhi Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate, asserting that the investigative agency possessed substantial evidence warranting his arrest.
“The arrest, therefore, does not violate any laws, and the subsequent remand is justified,” stated the court.
The court emphasised that the chief minister cannot dictate the course of an investigation, highlighting that compliance must not be based on the convenience of the individual facing charges.
“Kejriwal’s reluctance to cooperate with the investigation and the delays caused by him have repercussions on those already in judicial custody,” remarked the court.
Kejriwal was apprehended by the ED as part of the ongoing investigation into the Excise Policy scam in Delhi. While he was arrested on March 21, a trial court remanded him to judicial custody until April 15, 2024.
“The evidence collected suggests Kejriwal’s complicity with others, both in his personal capacity as well as the AAP convener. The decision to grant pardon to a witness is not within the purview of the ED but a judicial prerogative,” the judge elaborated while delivering the verdict.
The court rebuffed Kejriwal’s counsel’s contention regarding the timing of the arrest, asserting that the arrest, being in connection with a money laundering case, must be scrutinized based on legal merits, irrespective of electoral timelines.
The ED alleged that the AAP benefitted significantly from the illicit proceeds of the purported liquor scam, labelling Kejriwal as the central figure in their investigation.
Senior advocate AM Singhvi, representing Kejriwal, raised concerns about the timing of the arrest, especially considering the proximity to the Lok Sabha polls. However, the Additional Solicitor General Ravi, appearing for the ED, questioned whether a person’s political stature should exempt them from investigation.
The case revolves around alleged irregularities and money laundering linked to the formulation and execution of the now-abrogated Delhi Excise Policy 2022.
