Delhi Liquor Policy Case: Kejriwal To Stay In Jail For Now, SC Sends Notice To ED

The Supreme Court has sought the response of the ED in the plea by Delhi CM Kejriwal challenging his arrest by the agency in the Delhi liquor policy case.

The Supreme Court has sought the response of the ED in the plea by Delhi CM Kejriwal challenging his arrest by the agency in the Delhi liquor policy case. ( Image Source :Getty )

The Supreme Court has sought the response of the Enfocement Directorate on the plea of Delhi Chief Minister Arvind Kejriwal against his arrest by the agency in the Delhi liquor policy case. The Supreme Court asked the ED to file its response on or before April 24 and posted the plea on the week commencing from April 29. Senior advocate Abhishek Manu Singhvi appearing for Kejriwal told the court that the arrest was made to disable him from campaigning.

The top court on on Monday heard Kejriwal's plea against the Delhi High Court order that upheld his arrested in the in a money-laundering case linked to the high-profile excise policy case. In a huge setback to the AAP chief and the chief minister ahead of the upcoming Lok Sabha polls, the high court denied him relief from arrest on April 9 saying that the Enforcement Directorate had 'little option' left after he skipped summons in a row and delayed joining the investigation pertaining to the matter.

After a series of skipped summons and defying the agency's orders to join the probe, Kejriwal was arrested by the ED on March 21 after the high court denied him protestion from coercive actiob by the agency in the matter. The AAP and the opposition claimed that this was a plot established by the BJP-run central government to stop Kejriwal from campaigining.

Kejriwal is currently in judicial custory in Tihar jail till April 15.

He has described his arrest as an "unprecedented assault on the tenets of democracy" and urged the Supreme Court to release him by declaring the case against him as "illegal".

In an appealed filed in the Supreme Court, Kejriwal termed his arrest as "obviously motivated by extraneous considerations".

"The intervention of this court is urgently warranted, as over and above the issue of illegal curtailment of liberty, the petitioner's arrest also constitutes an unprecedented assault on the tenets of democracy, free-and-fair elections and federalism, both of which form significant constituents of the basic structure of the Constitution," the plea has said.

Adding that the the arrest motivated and based on subsequent, contradictory and highly-belated statements of co-accused who have now turned approvers, it has said.

It added that such statements and material was in possesion of the probe agency for last nine months and yet the arrest was made just days before the Lok Sabha elections.

"The petitioner's arrest bears serious, irreversible ramifications for the future of electoral democracy in India and if he is not released forthwith to participate in the upcoming elections, it will establish a precedence in law for ruling parties to arrest heads of political opposition on flimsy and vexatious charges before elections, thereby eroding the core principles of our Constitution," the plea has said.

"The ED has allowed its process to be used and misused by vested interests as an instrument of oppression to not only invade the liberty of the political opponents in the midst of general elections 2024 of such vested interests but also to tarnish their reputation and self-esteem. Such lawlessness cannot be allowed to be perpetrated under any circumstances," the plea in the top court has said.

Meanwhile, the high court had cited the Enforcement Directorate's claim that Kejriwal was part of the conspiracy and was actively involved in the use and covering up of the of the proceeds of crime.