The Delhi High Court on Wednesday refused to interfere with the arrest of Chief Minister Arvind Kejriwal by the Enforcement Directorate in connection with a money laundering case linked to the excise policy 'scam'.
Justice Swarana Kanta Sharma issued notice on the AAP leader's petition challenging his arrest and the subsequent remand to the ED's custody, and asked the agency to file its response to it as well as his plea for interim relief of release before April 2.
The judge, in the order, clarified the matter would be taken up for final disposal on April 3 and no adjournment shall be granted.
"This Court deems it appropriate to issue notice of the main writ petition as well as application for grant of interim relief, returnable on 03.04.2024," the court said.
"The Directorate of Enforcement will ensure that replies are filed to the main petition as well as the application for interim release of the petitioner by 02.04.2024 and copies of the same are provided in digitized form as well as hard copy to the learned counsel for the petitioner," ordered the court.
Kejriwal, who was arrested on March 21 and subsequently remanded to the ED's custody till March 28 by a Delhi court, sought his immediate release on the ground that the arrest was illegal.
Senior advocate Abhishek Singhvi, appearing for Kejriwal, contended the arrest of a sitting chief minister on the cusp of elections was against the basic structure of the Constitution.
"Object of the arrest was not to find material but to disable me and my party. My prayer is, release me now," he argued.
Additional Solicitor General S V Raju, appearing for the ED, said the "bulky" petition was served upon them only on Tuesday, and time should be given to bring their stand on record.
For interim relief as well, appropriate time should be given to respond, he said.
During the hearing, Singhvi, appearing for Kejriwal, said the coercive action was based on uncorroborated statements of co-accused-turned-approvers, Raghav Magunta and P Sarath Chandra Reddy, and there were several "glaring issues" that needed immediate decision by the high court either way.
"History looks harshly on these Jaichands and Trojan horses. They gave daga, betrayal," he said.
Justice Sharma observed that it would be unfair to not give an opportunity to the ED to rebut the stand of the petitioner by filing a detailed response, especially when the relief in the main petition as well as interim application, i.e. his release, is similar and identical.
"In this court's opinion, such important questions and issues cannot be summarily heard and decided by giving opportunity to only one party., especially when a copy of the petition was provided to the Directorate of Enforcement yesterday itself, and the short note of arguments and compilation of judgments relied upon by them were provided to the court as well as the learned ASG during the hearing itself," the order said.
The court observed that the ED may be in possession of some "additional material", collected during the custodial interrogation of the petitioner, which may be crucial to decide the present case.
"Thus, the reply by the Directorate of Enforcement is essential and crucial to decide the present case, and therefore, the contention of the learned Senior Counsel for the petitioner that no reply is required to be filed on behalf of the respondent is rejected.
"This court remains conscious of the fact that to reach a conclusion as to whether the petitioner herein is entitled to immediate release or not, this court will necessarily have to decide the issues raised in the main petition, as those issues are the edifice of arguments of the learned Senior Counsel for the petitioner seeking immediate release of the petitioner," it added.
In the order, the court also said any release order from custody would amount to enlarging the petitioner on bail or interim bail as an interim measure and its writ jurisdiction was not a "ready substitute" of a bail application.
Singhvi contended the arrest of a sitting chief minister on the cusp of elections after a model code of conduct had come into force was against the basic structure and the concept of a "level playing field" for polls.
He alleged that the arrest was without any "necessity", as mandated under the provisions of PMLA.
"Object of the arrest was not to find material but to disable me and my party politically. My prayer is, release me now", he argued.
"Of course, a sitting CM can be arrested. The question is the timing," Singhvi added.
The senior lawyer also argued that any "non-cooperation" cannot become a ground for arrest, adding, "Non-cooperation is the most abused phrase since ED got hyperactive".
Singhvi also claimed that exculpatory statements in favour of the accused were suppressed by the agency which was making a "mockery of fair process".
He also alleged that the agency's request for time to file a response was motivated and a delay tactic.
"Democracy itself is involved. Basic structure is involved. Level playing field is involved. Even an hour spent in custody is far too long if arrest is illegal," Singhvi said.
He further said that the vicarious liability cannot be imposed on Kejriwal for any alleged violation of PMLA by his party.
On April 22, the trial court remanded Kejriwal to the ED's custody till March 28 "for his detailed and sustained interrogation".
On Friday, the trial court had remanded Kejriwal to the ED's custody till March 28 "for his detailed and sustained interrogation".
The case pertains to the alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22 that was later scrapped.
