ED Possessed Enough Material That Led To Arvind Kejriwal’s Arrest, Delhi HC Says — Top Points

The Delhi High Court dismissed Chief Minister Arvind Kejriwal's plea challenging his arrest by ED in the liquor policy matter and said that his arrest and remand were legal.

The Delhi High Court delivered its verdict on Tuesday regarding a plea filed by Chief Minister Arvind Kejriwal, who is currently in judicial custody in connection with a money laundering case linked to an alleged excise scam. Justice Swarana Kanta Sharma pronounced the order dismissing the plea challenging the arrest and said that the arrest and remand were legal.

Material Gathered By ED Suggests CM Arvind Kejriwal's Involvement In Delhi Liquor Policy Formulation, HC Says — Top Points

• Delhi High Court noted that the material collected by the Enforcement Directorate (ED) reveals that Kejriwal conspired and was involved in the formulation of excise policy and used proceeds of crime. He is also allegedly involved in a personal capacity in the formulation of policy and demanding kickbacks and secondly, in the capacity of national convenor of AAP, Live Law reported.
  
  


• Regarding the timing of the Chief Minister's arrest, the Court stated that his arrest and remand have to be examined as per law and not as per the timing of elections, as per Bar and Bench. "Judges are bound by law and not by politics. Judgments are written by legal principles and not political affiliations," the order stated, as quoted by Live Law.
  
  


• The Delhi High Court noted that the ED was in possession of enough material which had led them to arrest CM Kejriwal. "We have gone through the statement which completes the chain and shows that money was sent to Goa elections. Order Rigours of Section 70 PMLA are attracted in this case," the order stated, as per Bar and Bench.
  
  "Non-joining of investigation by Kejriwal, delay caused by him was also impacting those in judicial custody," the Delhi High Court said, as per ANI.
  
  


• Delhi High Court also noted that to cast doubt on the manner of recording the statement of the approver would amount to casting aspersions on the Court and judge.
  
  "This is not the first case or last case where the approver has been made," the HC further stressed that the law of approver is over 100 years old and not one year old. So It cannot be suggested that it was enacted to implicate the present petitioner, ANI reported.
  
  


• Statements of approvers will be judged during the trial, Arvind Kejriwal is free to cross-examine then, the HC said, as per news agency PTI.
  
  


• Justice Swarana Kanta Sharma also upheld the subsequent remand orders, including the one remanding CM Kejriwal to judicial custody, Live Law reported.
  
  


• In his plea, Kejriwal challenged both his arrest and subsequent remand in the custody of the Enforcement Directorate (ED). Following his arrest, Kejriwal was remanded in judicial custody and is currently detained in Tihar jail. The Aam Aadmi Party (AAP) national convener has raised concerns about the timing of his arrest by the agency, alleging that it violates fundamental principles enshrined in the Constitution, such as democracy, free and fair elections, and a level playing field.
  
  


• The Enforcement Directorate opposed Kejriwal's plea, arguing that he cannot claim immunity from arrest merely on the basis of upcoming elections. The agency contends that the law applies equally to Kejriwal as it does to any ordinary citizen. Kejriwal's arrest by the ED on March 21 came after the high court declined to grant him protection from coercive action by the anti-money laundering agency.

The matter revolves around allegations of corruption and money laundering related to the formulation and execution of the Delhi government's excise policy for the fiscal year 2021-22, which was subsequently annulled. Kejriwal's plea challenged the legality of the actions taken against him by the ED and sought judicial intervention in the matter.