New Delhi: The Supreme Court, on Monday, disseminated a notification regarding a petition filed by Delhi Chief Minister Arvind Kejriwal. This plea challenges a prior judgment from the Delhi High Court, which confirmed Kejriwal’s apprehension on charges of money laundering related to the alleged excise policy scandal. Kejriwal was detained by the Enforcement Directorate on March 21.
A judicial panel comprising justices Sanjiv Khanna and Dipankar Datta issued the notice and set the case for hearing in the week beginning April 29. Solicitor General Tushar Mehta represented the Enforcement Directorate, while senior advocate A.M. Singhvi stood for Kejriwal in the Supreme Court.
Singhvi appealed for an expedited hearing date, citing the commencement of elections on April 19 and the urgency of the election campaign. The Supreme Court refrained from considering Kejriwal’s plea for interim release without first awaiting a response from the Enforcement Directorate. Kejriwal took his case to the apex court after the high court’s order from April 9.
On the same day, a Delhi court extended Kejriwal’s judicial custody until April 23. Special Judge for the CBI and Enforcement Directorate, Kaveri Baweja, granted the extension following a virtual court appearance, given the expiration of his prior custody term. The ED requested additional custody, citing the investigation’s pivotal stage.
Kejriwal’s petition emphasized the timing of his arrest, which occurred shortly after the announcement of general elections and the enforcement of the Model Code of Conduct. The petition argued that the arrest provided the ruling party with an unjust advantage in the impending elections, undermining the fairness of the electoral process. It contended that the arrest bestows the ruling party at the central level with an inequitable edge in the forthcoming elections.
Seeking the Supreme Court’s involvement, the petition asserted that Kejriwal’s arrest signifies an unprecedented violation of democratic principles rooted in “free and fair elections” and “federalism,” fundamental tenets of the Constitution.
The plea contended that the BJP’s actions following the arrest highlight how the legal system has been manipulated for the ulterior motive of suppressing political opposition.
It characterized the case as a prime example of how the central government, led by the ruling party, has exploited the central agency and its broad powers under PMLA to subdue its primary political rival. Citing the approaching Lok Sabha elections, the petition noted that during a peak period of political engagement, Kejriwal’s unlawful detention severely prejudices his political party.
The high court had ratified Kejriwal’s arrest, noting the Enforcement Directorate (ED) had been left with “no choice” after Kejriwal neglected multiple summonses and resisted participating in the investigation. The high court dismissed the Aam Aadmi Party (AAP) leader’s petition against his arrest by the ED and subsequent remand into the federal agency’s custody.
The case revolves around purported corruption and money laundering in the development and implementation of the Delhi government’s excise policy for 2021-22, which was eventually retracted. Kejriwal remains in judicial custody until April 15 and is presently detained in Tihar Jail.
