Kejriwal’s arrest according to law and can’t be termed illegal, says Delhi HC

PoliCharcha | Updated: April 09, 2024, 11:17 AM

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Kejriwal’s arrest according to law and can’t be termed illegal, says Delhi HC

The Delhi High Court, on Tuesday, rejected Chief Minister Arvind Kejriwal's plea contesting his arrest by the Enforcement Directorate in the Excise policy case, asserting that Kejriwal's arrest was lawful and could not be deemed "illegal."

Justice Swarna Kanta Sharma's bench stated that the ED possessed substantial evidence justifying Kejriwal's arrest. She also highlighted Kejriwal's non-cooperation with the investigation and the resulting delays affecting those in judicial custody.

According to the material gathered by the Enforcement Directorate, Arvind Kejriwal was implicated in a conspiracy involving the utilisation and concealment of proceeds of crime, both in his personal capacity and as the convener of the Aam Aadmi Party (AAP).

The court clarified that Kejriwal's arrest and remand should be evaluated based on legal principles, not election schedules, dismissing Kejriwal's objection regarding the timing of his arrest before the General elections due to the lack of malintent on the part of the ED.

Kejriwal's plea contended that the ED failed to prove his guilt under Section 3, concerning concealment, possession, acquisition, or use of proceeds of crime, or presenting it as untainted property.

Arvind Kejriwal was apprehended by the Enforcement Directorate on March 21 in connection to the excise policy case. Subsequently, the trial court extended his judicial custody until April 15, 2024. The ED asserted that the Aam Aadmi Party (AAP) was the primary beneficiary of the illicit funds generated in the alleged liquor scam, with Kejriwal playing a direct role in crafting the excise policy.

The case revolves around purported irregularities and money laundering in formulating and executing the Delhi Excise Policy 2022, which was later annulled.

Although Kejriwal was not initially named in the FIRs filed by the ED or the Central Bureau of Investigation (CBI) in the Delhi excise policy case, his involvement surfaced in the ED's chargesheet, alleging his communication with Sameer Mahendru, a key accused, instructing him to continue collaborating with Vijay Nair, the AAP communications-in-charge and co-accused.

Nair was among the first individuals apprehended by the CBI in 2022. Following him, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were arrested in connection to the case, with Singh subsequently being granted bail by the Supreme Court last week.

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