New Delhi: The Delhi high court reserved on Wednesday (April 3) its judgement on Delhi chief minister Arvind Kejriwal’s challenge to his arrest and remand by the Enforcement Directorate (ED).
Justice Swarana Kanta Sharma continued hearing Kejriwal’s challenge on Wednesday and reserved her judgement on the matter.
Meanwhile, Aam Aadmi Party (AAP) leader and MP Sanjay Singh, to whom the Supreme Court granted bail in the liquor policy case yesterday, walked out of Delhi’s Tihar jail on Wednesday evening.
Kejriwal was in the ED’s custody from March 21 until Monday, when he was sent to judicial custody until April 15.
The ED accuses him of being the “kingpin” in the alleged Delhi liquor policy scam and of money laundering.
His AAP government in Delhi is accused of granting liquor licenses to certain traders in exchange for bribes under a now-scrapped policy that was first implemented in 2021.
On Wednesday, Kejriwal’s lawyer Abhishek Manu Singhvi argued that the case “reeks of timing issues” and that it “ensures Kejriwal is unable to participate in democratic activity” ahead of the general election, The Hindu reported.
Singhvi alleged that the “only” objective of the ED’s arresting Kejriwal was to “humiliate and insult” him.
He said there was no evidence linking any of the proceeds from the alleged liquor policy scam to the chief minister. “Today there is no material to show proceeds of crime linking Kejriwal to it,” The Hindu quoted him as saying.
Referring to statements made by approvers – or government witnesses – in the case, Singhvi said criminal law was being ‘turned on its head’.
“First, in several statements, there will be nothing against me – Raghav Magunta, Sarath Reddy and Magunta Reddy,” Singhvi said referring to three approvers in the case.
He continued: “Step 2, some of them are arrested. Step 3, the first time they give statements against me. Step 4, they are given bail without any objection. Then they get pardoned and approvership.
“Step 5 is unique, one of them is a candidate from the ruling party in the current elections. That is Magunta Reddy and the second one is shown to have purchased (electoral) bonds, that is Sarath Reddy.
“It is a completely biased approach. It is not the way criminal law can be applied,” Singhvi said according to The Hindu.
Representing the ED, additional solicitor general S.V. Raju said “criminals are supposed to be arrested and put in jail” regardless of whether it was election time.
“Supposing a political person commits murder two days before elections. This means he can’t be arrested? Basic structure [of the constitution] comes into play?”, LiveLaw quoted him as saying.
“This is a bogus argument … aam aadmi [common man] has to go behind bars but I am the chief minister, I can’t go to jail. Therefore, I will loot the country, make money, and take kickbacks but don’t touch me. Why? Because it is before elections,” he also said according to The Hindu.
Raju also told the high court that Kejriwal had not challenged extensions of his remand and NDTV cited him as saying that approvers may change their statements after being confronted with evidence.
According to Bar and Bench, Raju also said the ED had located the money trail in the case. “The money trail is there. We have located the money trail. The money may have been used and that’s why it can’t be found,” it quoted him as saying.
Sanjay Singh walks out of Tihar, AAP leaders plan fast
The decision on Singh’s bail came on the same day as AAP leader Atishi alleging that the BJP was threatening her and other AAP leaders with arrest in the case if they do not switch over to the saffron party.
He greeted party workers after being released on Wednesday and said this was “not the time to celebrate, this is the time to struggle”, the Press Trust of India reported.
Singh was in jail for nearly six months in the case.
The AAP announced on Wednesday that it would hold a “collective fast” against Kejriwal’s arrest near Jantar Mantar on April 7.
“Those who are against the arrest of Arvind Kejriwal, who want to save the country’s democracy, and stop injustice and dictatorship, are urged to observe collective fasts in their homes, villages, neighbourhoods, block headquarters, tehsils, districts, and state capitals,” the party’s Delhi convener Gopal Rai was quoted as saying by PTI.
