On Monday, the Supreme Court will deliberate on a petition filed by Delhi Chief Minister Arvind Kejriwal, contesting a Delhi High Court ruling that upheld his detention on charges of money laundering in connection with an alleged excise policy scandal. Kejriwal’s apprehension by the Enforcement Directorate (ED) occurred on March 21.
The docket submitted to the highest court reveals that Kejriwal’s plea is scheduled for review before a panel consisting of Justices Sanjiv Khanna and Dipankar Datta on April 15. Kejriwal approached the Supreme Court following the High Court’s ruling dated April 9.
Kejriwal’s submission highlighted the timing of his detainment, which transpired shortly after the announcement of general elections and the enforcement of the Model Code of Conduct (MCC).
The plea contended that Kejriwal’s arrest provided the governing party with an unfair advantage in the upcoming elections, thereby compromising the integrity of free and fair electoral processes. It asserted that the arrest grants the ruling party an inequitable upper hand in the forthcoming elections.
The petition implored the Supreme Court to intervene, arguing that Kejriwal’s apprehension represents an extraordinary affront to the tenets of democracy, including the principles of “free and fair elections” and “federalism.” It stressed that these principles are fundamental to the Constitution’s foundational structure.
The plea claimed that the BJP’s conduct following Kejriwal’s arrest demonstrates the manipulative use of legal mechanisms to weaken political opposition.
Describing the situation as an archetype of how the ruling party has exploited the central agency’s extensive authority under the PMLA to suppress its most significant political rival, the plea argued against the detention.
Referencing the forthcoming Lok Sabha elections and the heightened political climate, the plea stated that Kejriwal’s wrongful arrest has inflicted substantial damage to his political party. The High Court supported Kejriwal’s detention, citing the Enforcement Directorate’s minimal options after he repeatedly avoided summonses and declined to cooperate with the investigation.
The High Court dismissed the Aam Aadmi Party (AAP) leader’s plea against his arrest and subsequent placement in the federal agency’s custody. The case involves alleged corruption and money laundering related to the formulation and execution of Delhi’s excise policy for 2021-22, which was later rescinded. Kejriwal remains in judicial custody at Tihar Jail until April 15.
