The Supreme Court has referred Delhi Chief Minister Arvind Kejriwal’s petition challenging his arrest by the Enforcement Directorate (ED) to a larger bench, stating that certain legal questions arising in the petition need further consideration.
“So what is the policy of arrest, what is the basis, we have referred. We have framed three questions,” said Justice Sanjiv Khanna.
Justice Khanna clarified that the court has not examined the question of bail but has focused on the parameters of Section 19 of the Prevention of Money Laundering Act (PMLA). “We have not examined the question of bail but we have examined parameters of Section 19 of the PMLA (power to arrest). We have explained the difference between Section 19 and Section 45 of the PMLA,” he stated.
The judge emphasized that Section 19 relies on the subjective opinion of ED officers, while Section 45 involves an exercise undertaken by the Court itself.
Arvind Kejriwal is elected leader and it is up to him to decide if he wants to continue as Delhi CM, says SC while granting him interim bail, reported news agency PTI.
Kejriwal was taken into custody by the ED on March 21, following the Delhi High Court’s refusal to grant him interim protection earlier that day. He remained in custody until the Supreme Court granted him interim release on May 10 to campaign for the Lok Sabha elections. This interim bail expired on June 2. Kejriwal then approached the Supreme Court, contesting the Delhi High Court’s April 9 decision that upheld his arrest under the Prevention of Money Laundering Act. On June 25, the CBI also arrested Kejriwal under the Prevention of Corruption Act in connection with the same case.
On June 20, a trial court granted Kejriwal bail in the ED case, but the Delhi High Court stayed this bail order on June 25.
On May 10, the Supreme Court granted interim bail to Kejriwal in the liquor policy case until June 1, 2024, allowing him to campaign for the Lok Sabha elections.
“The General Elections to Lok Sabha were significant event this year, with 650-700 million voters from an electorate of about 970 million casting their votes to elect the government for the next five years. General Elections are the life force of a democracy,” noted Justices Khanna and Datta in their order.
The Enforcement Directorate, in its seventh supplementary chargesheet, described Delhi Chief Minister Arvind Kejriwal as the “kingpin” and “key conspirator” in the 2021-22 excise policy “scam”. The chargesheet, filed on May 17, names Kejriwal and the Aam Aadmi Party (AAP) as accused. Subsequently, a city court summoned the AAP chief on July 12.
On May 8, the Delhi High Court dismissed Kejriwal’s plea challenging his ED arrest in the money laundering case related to the alleged excise policy scam. Justice Swarana Kanta Sharma, delivering the verdict, noted that evidence provided by the ED indicated Kejriwal’s active involvement in concealing proceeds of crime. She highlighted the presence of adequate material, including statements from approvers, the involvement of middlemen, and references to cash transactions for expenditure in the 2022 Goa assembly elections.
Delhi Minister Atishi responded to the Supreme Court granting interim bail to Delhi CM Arvind Kejriwal in an Excise Policy case, accusing the BJP of conspiracy. She stated that the BJP anticipated Kejriwal’s bail and preemptively had him arrested by the CBI to prevent him from working for Delhi. Atishi criticized the BJP for alleged arrogance and conspiracy, claiming that courts consistently grant bail to Kejriwal, which she sees as a validation of their innocence against political maneuvers. She concluded with a defiant message that truth may be challenged but not ultimately overcome.
On Supreme Court granting interim bail to Delhi CM Arvind Kejriwal in ED matter of Excise Policy case, Punjab minister Harpal Singh Cheema says, “BJP has made a false case of excise policy scam by conspiring against several AAP leaders. They arrested Arvind Kejriwal. Today, the apex court said that this matter be referred to a larger bench so that it can’t be found out if his arrest is right or wrong. I think Supreme Court has given a huge jolt to the BJP. I thank the Court… I think Arvind Kejriwal will get bail in CBI too and he will be out of jail soon…”
Delhi BJP chief Virendra Sachdeva also responded to the Supreme Court granting interim bail to Delhi CM Arvind Kejriwal in the ED matter related to the Excise Policy case. He emphasized that interim bail does not equate to acquittal, and he called for waiting until a final court decision is reached. Sachdeva alleged corruption by Kejriwal in the excise policy case and drew parallels to another alleged electricity scam, accusing Kejriwal’s administration of attempting to deceive the people of Delhi.
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