Kejriwal moves SC against Delhi HC order dismissing his plea challenging arrest

A file photo of Delhi CM Arvind Kejriwal.

Delhi Chief Minister (CM) Arvind Kejriwal has moved to the Supreme Court (SC) after the Delhi High Court rejected his plea challenging his arrest in the case related to irregularities in Delhi's excise policy. The high court on April 9 dismissed Kejriwal's plea against his arrest by the Enforcement Directorate (ED) in a money-laundering case linked to the excise policy. Following the court's decision, the AAP responded, labelling the "so-called excise policy scam" as the "biggest political conspiracy" designed to finish off the party and target Kejriwal.

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Kejriwal was arrested on March 21 by the ED in connection with the excise policy case. He was sent to judicial custody on April 1 after being produced in the trial court upon the expiration of his ED custody. The Delhi CM is presently lodged in Tihar jail.

The issue concerns allegations of corruption and money laundering in the formulation and implementation of the Delhi government's excise policy for the fiscal year 2021-22, which has subsequently been withdrawn.

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The liquor policy, originally implemented to reform the liquor industry in Delhi, was repealed following Lieutenant Governor VK Saxena's orders to investigate alleged irregularities. The ED alleged that the policy enabled significant profit margins, with purported bribe money being funnelled into AAP's electoral campaigns.

The Aam Aadmi Party (AAP) has alleged that the entire issue extends beyond mere money laundering, suggesting it represents a significant political conspiracy in the nation, saying that it is a deliberate effort aimed at undermining and dismantling CM Kejriwal and the AAP governments in both Delhi and Punjab.

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Meanwhile, news agency ANI reported that advocate Rishikesh Kumar, counsel for Delhi CM, said that the order is open to challenge in the apex court, asserting that they are well within their rights to challenge it.

In the ruling, the bench of Justice Swarna Kanta Sharma said that the ED possessed sufficient evidence, which justified the arrest of Kejriwal. The failure of Kejriwal to cooperate with the investigation and the resulting delays were also adversely affecting individuals in judicial custody.

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Additionally, the high court said that Kejriwal's challenge to the timing of his arrest before the 2024 Lok Sabha elections, in the absence of any malafide on the part of the ED, is "not sustainable."

The central probe agency has contested the plea, asserting that Kejriwal cannot claim "immunity" from arrest on the basis of upcoming general elections, as the law applies equally to him as it does to an "aam aadmi".