(News Agencies)
The Supreme Court heard Delhi chief minister Arvind Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) on Monday in connection with a money laundering case linked to the now-scrapped Delhi excise policy. A bench of Justices Sanjiv Khanna and Dipankar Datta heard the matter.
The CM was arrested on March 21, and is currently lodged in Tihar jail.
Here are five points from today's hearing
- Today's hearing follows the Supreme Court's recent notice to the ED requesting its response to Kejriwal's plea contesting his arrest in the Delhi excise policy case. Senior advocate Abhishek Singhvi represented the Delhi CM during the proceedings.
- At the outset of the hearing, Justice Khanna queried about the absence of a bail application for Kejriwal. Singhvi responded that they refrained from filing for bail post-arrest, asserting the arrest as “illegal”.
- Singhvi addressed concerns about the approver's statement in Kejriwal's arrest, highlighting the “sequence of events.” He emphasised the importance of “corroborating co-accused statements,” underscoring a fundamental principle of criminal law.
- Singhvi criticised the prosecution's reliance on certain statements, questioning their relevance and fairness in the legal process. He pointed out discrepancies in the statements made by individuals involved in the case and their timing in relation to Kejriwal's arrest.
- He pointed out the absence of Section 50 PMLA recording during Kejriwal's arrest, drawing parallels with previous cases. Singhvi highlighted the lapse in procedural norms, indicating a lack of due process in the investigation.
Singhvi presented arguments questioning the legality and procedural fairness surrounding Kejriwal's arrest, emphasising the need for “corroborated evidence and adherence to legal standards.”
Earlier on April 9, the high court upheld Kejriwal's arrest in the money laundering case, saying it was “not illegal” and that the ED was left with “little option” after he skipped repeated summonses and refused to join the investigation. However, Kejriwal told the top court that his arrest was “illegal” and that it constituted an unprecedented assault on the tenets of democracy based on “free and fair elections” and “federalism.”
The top court also heard former Jharkhand chief minister Hemant Soren's plea challenging his arrest by the ED in the land scam case.
