Arvind Kejriwal, the chief minister of Delhi, was arrested in connection with an alleged excise policy scam, and the legal case surrounding this arrest has grown significantly. A step will be taken today when the Supreme Court considers Kejriwal's appeal contesting the Delhi High Court's denial of his petition.
For more on this read: Arvind Kejriwal Delhi CM Arrested By ED
AAP leader Arvind Kejriwal suffered a setback on April 10th when the Delhi High Court upheld the Enforcement Directorate's (ED) arrest of him in a money laundering case involving the cancelled Delhi excise policy for 2021–2022. Initial evidence was found in Justice Swarna Kanta Sharma's verdict, including informant statements, references to cash being used for expenses in the 2022 Goa elections, and the involvement of middlemen.
PC: NDTV
For more on this, read: Delhi Court Remands Delhi Chief Minister Arvind Kejriwal To ED Custody Till March 28
The High Court's observations have led to further legal actions:
Scrutiny of AAP's Goa Poll Spending: The court looked at the ED's evidence, including statements from informants, witnesses, and supporting material, which suggested that kickbacks of around ₹100 crore were allegedly received from the 'South Liquor Lobby' by former AAP leader Vijay Nair, supposedly on behalf of Kejriwal. These alleged illegal gains, totaling ₹45 crore, were purportedly used by the AAP in the Goa elections.
Application of Money Laundering Law to Political Parties: In an important ruling, the court agreed with the ED's claim that a political party could be prosecuted under the Prevention of Money Laundering Act (PMLA), and AAP could be implicated as an accused. Kejriwal, as the party's chief, could be held responsible under Section 70(1) of the PMLA for the party's affairs.
Recovered Money Holds Limited Relevance: The court dismissed Kejriwal's argument that the ED had not recovered any laundered money, stating that the absence or non-recovery of illegal gains had limited relevance since a significant portion had already been spent in the Goa elections.
Questioning Informants' Credibility and Judicial Process: The court stated that questioning the credibility of informants' statements, recorded through a judicial process under Section 164 of the Code of Criminal Procedure, amounted to casting doubts on the judicial process itself.
Consequences of Not Complying with Summons: Kejriwal's repeated failure to comply with summons for over six months, despite being summoned since October 2023, contributed to his arrest, as the ED had no other option but to seek his custody to compel his cooperation.
For more on this,read: Arvind Kejriwal Skips Sixth ED Summons, AAP Deems Them "Illegal"
Distinguishing Legal from Political Considerations: Justice Sharma highlighted that courts are subject to the law and are not permitted to take political considerations into account. This highlights the fact that the case is a legal dispute between Kejriwal and the ED rather than a dispute between the Chief Minister and the federal government.
The ongoing legal dispute between Kejriwal and the High Court has drawn national attention because of the possible ramifications for the Chief Minister, the wider debate about the enforcement of anti-money laundering laws, and the limits of political party activity. Kejriwal is appealing the High Court's decision.
The Supreme Court's ruling on Kejriwal's plea will have a big impact on the court case and could influence future discussions about the nexus between the political and legal domains.
Stay tuned for updates :
- The Supreme Court has issued a notice in regards to Delhi Chief Minister Arvind Kejriwal's Excise policy case. The next hearing date is set for April 29, 2024.
Here's the hearing information:
A bench of Justices Sanjiv Khanna and Dipankar Datta sought the response of the central agency.
- The Court directed,
"Issue notice returnable on April 24. Notice is accepted by the respondent who are presented in court on caveat. Reply to be filed on or before April 24 and rejoinder on or before April 27."
- Senior Advocate Abhishek Manu Singhvi, appearing for Kejriwal, sought an earlier date, but the Court posted the case for hearing next on April 29.
- Singhvi questioned the timing of Kejriwal's arrest right before the Lok Sabha polls, stating,
"Arrest on March 16 is about the timing after the case was registered long back..First round of polling is on April 19."
- The bench remarked,
"We know the facts and we have gone through the paper books. You should not have argued after we issued notice," before posting the case for April 29.
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