Kejriwal arrest not in contravention of Law, remand can’t be termed ‘illegal’: Delhi HC

New Delhi: On Tuesday, the Delhi High Court rejected Chief Minister Arvind Kejriwal’s petition contesting his arrest by the Enforcement Directorate concerning the Excise policy case, stating that Kejriwal’s detention complies with the law and the remand cannot be deemed “illegal.”

Justice Swarna Kanta Sharma of the bench noted that the Enforcement Directorate possessed substantial evidence prompting Kejriwal’s arrest. The court highlighted Kejriwal’s non-cooperation with the investigation and the resultant delays affecting those already in judicial custody.

Investigations by the Enforcement Directorate have indicated Kejriwal’s alleged involvement in conspiring and the utilization and concealment of crime proceeds. Furthermore, it was pointed out that Kejriwal participated both personally and in his role as the leader of the Aam Aadmi Party.

The court remarked that the legality of Kejriwal’s arrest and remand should be assessed based on law, without regard to the election timeline. It dismissed Kejriwal’s objections to the timing of his arrest ahead of the General elections as unsubstantiated, citing no evidence of malice by the Enforcement Directorate.

In his appeal, Kejriwal had claimed the Enforcement Directorate, at the time of his arrest, did not conclusively prove his involvement in the criminal activities described under Section 3, related to concealing, possessing, acquiring, using, or projecting crime proceeds as legitimate.

Kejriwal was apprehended by the Enforcement Directorate on March 21 in relation to the excise policy case. On April 1, a trial court ordered his judicial detention until April 15, 2024. The Enforcement Directorate accuses the Aam Aadmi Party (AAP) of being the primary beneficiary of the alleged liquor scam’s crime proceeds and asserts Kejriwal’s direct role in devising the excise policy.

The controversy involves purported misconduct and money laundering in the creation and execution of the Delhi Excise Policy 2022, which was subsequently revoked.

Although Kejriwal wasn’t initially named in the FIRs lodged by the ED or the Central Bureau of Investigation concerning the excise policy case, he was mentioned in the ED’s chargesheet. It alleged that he directly communicated with one of the prime suspects, Sameer Mahendru, via video call, advising him to collaborate with co-accused and AAP communications head Vijay Nair.

Nair was one of the first to be apprehended by the CBI in 2022. Later, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were also detained, with the Supreme Court recently granting bail to Singh.