Supreme Court Weighs Interim Bail for Arvind Kejriwal Amidst Legal Wrangle

On May 3, 2024, Senior Advocate A.M. Singhvi, representing Arvind Kejriwal, concluded his arguments challenging the legality of the Delhi Chief Minister’s arrest. Singhvi reiterated his stance that the arrest did not adhere to the criteria outlined in Section 19 of the Prevention of Money Laundering Act, 2002, during the previous hearings. The Bench, after instructing Singhvi to wrap up his arguments, tasked the Enforcement Directorate (ED) to respond to the timing of Kejriwal’s arrest.

Singhvi highlighted that according to Section 50 of the PMLA, a person summoned by the ED does not assume the status of an “accused.” He emphasized that Kejriwal’s transformation into an accused coincided with his arrest on March 21, 2024, just five days after receiving the last summons. Singhvi also pointed out the lack of clarity regarding Deputy Chief Minister Manish Sisodia’s involvement in the case, indicating that the evidence may not sufficiently implicate Kejriwal as the mastermind behind the Liquor Policy case.

The hearing delved into the interpretation of “reason to believe” as stipulated in Section 19, with Justice Khanna noting the importance of scrutinizing all relevant material in possession of the investigative agency. As arguments continued, the Court hinted at the possibility of considering interim bail for Kejriwal due to the protracted nature of the legal proceedings, especially with the looming elections on May 25. Further deliberations on this matter are slated for the upcoming sessions, with S.V. Raju scheduled to continue arguments on May 7, 2024.

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“Delhi Excise Policy Case: Kejriwal Skips Seventh ED Summons Again”

Delhi’s Chief Minister, Arvind Kejriwal, has once again evaded appearing before the Enforcement Directorate (ED) for questioning regarding the alleged money laundering case related to irregularities in the now-defunct Delhi excise policy of 2021-22. This marks the seventh instance of Kejriwal skipping the summons.

In response, the Aam Aadmi Party (AAP) released a statement asserting Kejriwal’s decision not to comply with the ED’s summons, citing that the matter is currently sub-judice. The party emphasized that the next court hearing is scheduled for March 16, urging the ED to await the court’s decision rather than persistently issuing summons.

Despite the ED’s filing of a complaint against Kejriwal for non-compliance, the court has granted him an exemption from appearing personally until March 16. Kejriwal, appearing virtually before the court, explained his inability to attend physically due to the ongoing Budget session of the Delhi assembly.

The AAP reiterated its commitment to the Opposition Indian National Developmental Inclusive Alliance (INDIA), affirming that they will not withdraw from the alliance despite pressure from the central government. They condemned what they perceive as attempts to coerce them through the repeated summons.

Kejriwal has consistently labeled the summons as “illegal” since November and has demanded their withdrawal. Meanwhile, he was scheduled to address the assembly session on Monday before commemorating the one-year imprisonment of his former deputy, Manish Sisodia, in connection with the excise policy case.

In response, leaders from the Bhartiya Janata Party (BJP) criticized Kejriwal’s actions, accusing him of evading investigation and condoning corruption. Delhi BJP chief Virendra Sachdeva described Kejriwal’s decision to commemorate a person’s jail term for corruption as “shameful,” asserting that the people of Delhi will not forgive such actions.

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