Supreme Court Issues Notice To ED On Arvind Kejriwal's Petition Challenging Arrest, Lists On Week Starting From April 29

Update: 2024-04-15 08:13 GMT
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The Supreme Court on Monday (April 15) issued notice to the Enforcement Directorate (ED) on the petition filed by Delhi Chief Minister Arvind Kejriwal against his arrest by the ED in connection with the Delhi liquor policy case. Seeking the ED's response, the Court posted the matter in the week commencing on April 29, 2024.“Issue notice returnable in the week commencing 29th April,...

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The Supreme Court on Monday (April 15) issued notice to the Enforcement Directorate (ED) on the petition filed by Delhi Chief Minister Arvind Kejriwal against his arrest by the ED in connection with the Delhi liquor policy case.  Seeking the ED's response, the Court posted the matter in the week commencing on April 29, 2024.

Issue notice returnable in the week commencing 29th April, 2024. Notice is accepted on behalf of the Respondent who are present in court. Reply will be filed by on or before April 24 and rejoinder if any by April 26, 2024,” the Bench of Justices Sanjiv Khanna and Dipankar Datta ordered. 

Although Senior Advocate Dr Abhishek Manu Singhvi, appearing for Kejriwal, requested an earlier posting by this Friday (April 19), the bench declined.

At the outset of today's proceedings, Singhvi submitted, "I want to show some facts, to shock the conscience of the court. There are some selective leaks." Stating this, he requested a short date. Singhvi also tried persuading the Court by submitting that this was an unusual matter where the petitioner was not named in the ECIR or chargesheet. He also averred that the arrest was to disable the Chief Minister from campaigning.

"I am asking for an extremely short date, possibly this Friday, for a reason. This is a very unusual matter. Not because he is a Chief Minister. There are two documents, FIR and ECIR and eight chargesheets, between the CBI and the ED. This petitioner is not named. Point number 2- the story starts from September 2022. He is arrested on March 21, 2024. Between that time, there are 16 statements, 10 by one person, Sarath Reddy and six by others. All 15 statements do not state the above. One statement becomes positive....the object of arrest, post the model code of conduct, is to disable me from campaigning," Singhvi submitted.

He pointed out that the first round of Lok Sabha elections starts on April 19. Solicitor General of India Tushar Mehta, for the ED, objected to this argument.

The bench declined Singhvi's request for an earlier hearing date by saying that it has given the shortest possible date. Justice Khanna asked Singhvi to "reserve the arguments" for the next date.

To recapitulate, it was recently (on April 09) that the Delhi High Court Bench upheld Kejriwal's arrest for his alleged involvement in the aforementioned controversy. Justice Swarana Kanta Sharma observed that ED was able to place enough material to show Kejriwal's involvement. Detailed report of the impugned order can be read here. It was against this order that the Delhi Chief Minister approached the Top Court.

Brief Background Of What Has Happened So Far

The Delhi CM was arrested in the case on March 21, following denial of interim protection by the Delhi High Court. He moved the Supreme Court on the night of his arrest itself, however, this petition was withdrawn the next day as it was clashing with ED's application for remand before the Trial Court.

Following the arrest, although the remand was resisted, the AAP chief remained in custody. At first, on March 22, the Trial Court remanded him to 6 days' ED custody. Later, the same was extended by 4 days. On April 1, he was remanded to judicial custody till April 15.

ED alleges that Kejriwal was the kingpin and key conspirator of the alleged Delhi Liquor Policy scam and there were reasons to believe on the basis of material in its possession that he was guilty of the offence of money laundering.

AAP leaders Manish Sisodia and Sanjay Singh are also accused in the case. While Sisodia continues to remain in jail, Singh was recently granted bail by the Supreme Court pursuant to a concession given by the ED.

It is also noteworthy to mention here that Kejriwal was remanded to judicial custody on April 1 till April 15. Thus, his judicial custody ends today.

Case Title: ARVIND KEJRIWAL v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 5154/2024

Click Here To Read/Download Order

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