Delhi excise policy case: Delhi HC reserves order on Arvind Kejriwal's arrest challenge

New Delhi, April 3: The Delhi High Court on Wednesday reserved the order on plea moved by Delhi CM Arvind Kejriwal challenging his arrest by the Enforcement Directorate in the Delhi excise policy case.

After hearing at length, the Bench of Justice Swarna Kanta Sharma on Wednesday reserved the order on petition moved by Delhi Chief Minister Arvind Kejriwal challenging his arrest and also ED remand granted by the trial court.

Appearing for Arvind Kejriwal, Senior Advocate Abhishek Manu Singhvi submitted that this case reeks of timing issue. "The timing issue ensures that the petitioner doesn't participate in the democratic process and that his party is destroyed.The timing reeks of democracy issue, level playing field issue. You are clearly doing an arrest without any enquiry, statement etc. It's unique that there's no Sec 50 here." h added.

"You are clearly doing an arrest without any inquiry, statement etc. It's unique that there's no Section 50 here. Necessity to arrest is an important facet of the statute. But, here, your necessity to arrest was with ulterior motive. The only object is to humiliate, insult and disable the petitioner. After one and a quarter year of investigation, they want to find the role of the Chief Minister," said Abhishek Manu Singhvi.

While opposing Kejriwal's plea, Enforcement Directorate lawyer ASG SV Raju submitted that the arguements made for the petitioner had been argued as if it was a bail application not a plea for quashing of the arrest. The investigation in the matter was at a nascent stage and as far as Kejriwal was concerned, the investigation was not over, said the ED, while opposed Kejriwal's plea challenging his arrest.

"No remand order has been challenged..I'm not even sure if he can challenge these orders when he says that I am conceding the remand. They're playing hot and cold at the same time. You can't ride two horses at the same time. You can't challenge the remand on one hand and say I accept the remand on other," argued ASG Raju for the ED.

The Enforcement Directorate on Tuesday filed the reply before the Delhi High Court opposing Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest and said he was given multiple opportunities to cooperate with the investigation being conducted by the ED in the present case by issuing nine summons. However, he chose to intentionally disobey the said summons and did not join investigation based on one flimsy ground and another.

In its reply filed before the Delhi High Court, the ED said Kejriwal's arrest was carried out in strict adherence to laws and added that the Delhi CM had "waived his right to question his custody as on today and the petitioner cannot now be allowed to argue that his custody as on today is illegal"

The ED further said the Aam Aadmi Party (AAP) was the major beneficiary of the proceeds of crime generated in the Delhi excise policy case. Part of the proceeds of crime to the tune of cash of Rs 45 crore approx had been utilised in the election campaign of AAP in the Goa Assembly elections 2022, the agency added.

"AAP has committed the offence of money laundering through Arvind Kejriwal and the offences thus are covered by Section 70, PMLA 2002. The AAP is a political party comprising association of individuals registered under Section 29-A of Representation of People Act 1951," stated ED.

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