Chief Minister Arvind Kejriwal, in his petition for interim relief, told the Delhi High Court on April 3 that his arrest in the now-scrapped Delhi liquor policy case was aimed at "demolishing his party AAP" before the Lok Sabha elections.
In his plea, Arvind Kejriwal has challenged his arrest by the Enforcement Directorate, judicial custody and also sought interim relief.
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“Please keep in mind the importance of the case in terms of level playing field. It has three components- free and fair elections which is in turn part of democracy which is in turn part of the basic structure. This case reeks of timing issues which ensures that Kejriwal is unable to participate in democratic activity and to try to disintegrate the AAP before the first vote is cast,” senior advocate Abhishek Singhvi, appearing for Mr. Kejriwal, said in the court.
Singhvi referred to cases of Raghav Magunta and Sarath Reddy. According to Singhvi Magunta and Reddy got bails only after they made statements against Kejriwal. He further alleges that these persons had not made statements against Kejriwal and these documents have been classified as unrelied. According to Singhvi, "this is reprehensible conduct by a prosecutor who claims to be fair".
He also said there would not have been any necessity to arrest if they had sent a questionnaire or permitted him to appear virtually. Singhvi said Kejriwal sent detailed responses to each summon.
Additional Solicitor General S V Raju objected to senior advocate Amit Desai appearing for Kejriwal. Raju said, "There cannot be two lawyers for him. Just because he is powerful and can afford them. No aam admi is entitled to more than one advocate. Why is he is an exception ? You maybe powerful and rich and claim to be aam aadmi but you cant have more than one lawyer."
Speaking about the April 1 remand order, Raju said it could not have been challenged as Kejriwal himself said he doesn’t object to remand. “The fact that an offence of money laundering has taken place is clear and beyond any doubt," he said. “The existence of a liquor scam, the existence of kick backs is a fact that has been upheld till the Supreme Court. No matter how much you cry but it is clear that there was a scam and government exchequer suffered a loss because of that."
Raju said criminals are supposed to be arrested. "Criminals are to be put in jail. How is the basic structure violated? Can we not arrest anybody during elections? Take the case of a terrorist who is a politician? He has blown up an army vehicle. Can he say he cannot be arrested because he wants to contest in the election," said the ASG.
Singhvi termed Raju's example of the terrorist as "bizarre".
Singhvi calls ASG example of the terrorist as ‘bizarre’.
Singhvi said his petition is a challenge to illegal arrest. "The ASG is mischaracterising and mislabeling to make the petition not maintainable," he said.
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