The Delhi High Court on Wednesday issued notice to the Enforcement Directorate on a petition moved by Delhi Chief Minister Arvind Kejriwal challenging his arrest and also challenging ED remand granted by the trial court, while not granting any immediate relief.
While BJP leaders continued their attack on the Delhi Chief Minister in the excise policy case, saying “money looted in a liquor scam for Goa and Punjab election campaigns,” AAP leaders said the Central Government was resorting to a political conspiracy to undermine democratically elected opposition governments using the Enforcement Directorate.
On a petition moved by Kejriwal, the bench of Justice Swarna Kanta Sharma stated that the respondent (ED) has to be granted an opportunity to file a reply as an opportunity for effective representation, and declining this opportunity would amount to denial of fair hearing as well as violation of one of the principles of natural justice, which is applicable to both parties and not one.
The court, while fixing matter for April 3, further stated that any release order from custody will amount to enlarging the accused/petitioner/ Arvind Kejriwal on bail or interim bail, as an interim measure. The writ jurisdiction under Article 226 of the Constitution of India is not a ready substitute for recourse to the remedy of bail under Section 439 of the Cr.PC ordinarily.
During the hearing, Senior Advocate Abhishek Manu Singhvi, who appeared for Kejriwal, submitted that a sitting CM was arrested one week ago during the Model Code of Conduct. “The heart of democracy is a level-playing field and a free and fair election: If you do something to disrupt the level-playing field, you hit the heart of democracy. My prayer is to release me now because the foundation of my arrest is flawed,” he said.
Appearing for the Enforcement Directorate, Additional Solicitor General (ASG) SV Raju sought time to file a detailed reply in the matter and alleged that “they deliberately didn’t serve us a copy so that we are not prepared”.
“You talk of a level-playing field and their yardsticks are different,” he said. Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case.
According to Kejriwal’s plea, both the arrest and the remand order are illegal and he is entitled to be released from custody.
The plea stated that the petitioner has been “illegally and arbitrarily arrested” by ED in the evening of March 21.
The plea further stated that the provisions of PMLA are being used to persecute and destroy the very basic fabric of the democratic and federal structures of this country.
“The attempt is to decimate a political party and topple an elected government of the NCT of Delhi,” the plea stated.
