No relief for Kejriwal, HC issues notice to ED
New Delhi: The Delhi High Court on Wednesday refused to pass any interim order to release Delhi Chief Minister Arvind Kejriwal, who has been arrested in a money laundering case linked to the Delhi excise policy scam. He is in the custody of the Enforcement Directorate (ED).
Justice Swaran Kanta Sharma issued notice on Kejriwal’s plea challenging his arrest by the agency. The court also issued notice on Delhi CM’s plea for interim relief but refused to pass any interim order. The court granted time till April 2 to the ED to file its response to Kejriwal’s interim plea seeking his release from ED custody. The court posted the matter for further hearing on April 3.
The case is rooted in a 2022 complaint filed by Lt Gen VK Saxena of Delhi, alleging irregularities in the formulation of the Delhi excise policy for 2021-22. The complaint alleged that AAP leaders, including former Deputy Chief Minister Manish Sisodia and other unknown and unnamed private persons / entities, had entered into a criminal conspiracy at the stage of formulation of the excise policy. It was alleged that the conspiracy involved deliberate omissions or created loopholes in the policy. These loopholes were allegedly meant to benefit some liquor licensees and conspirators after the tender process.
Kejriwal’s arrest in the case is the first instance in India where a sitting chief minister has been put behind bars. Deputy Chief Minister Manish Sisodia and AAP Rajya Sabha MP Sanjay Singh are already in jail in connection with the case. On March 15, the ED had also arrested K Kavitha, daughter of Bharat Rashtra Samithi MLA and former Telangana chief minister K Chandrasekhar Rao, in the case.
“The very basis of my arrest is wrong,” senior advocate Abhishek Manu Singhvi had said in his plea, adding that a chief minister was arrested during the model code of conduct. If you do anything to disrupt the level playing field, you strike at the heart of democracy. The question is the timing. My prayer is that I should be released now because the very basis of my arrest is wrong, this is my interim prayer.
Justice Swaran Kanta Sharma of the Delhi High Court said it would issue notice to the ED on the main petition. The court said if Kejriwal is seeking interim relief, it can be considered. SV Raju, appearing for the ED, opposed it and said, “We want to give our response on this, for that we need some time. The court has sought the ED’s response by April 2.
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