Delhi liquor policy case: HC dismisses Kejriwal plea against his arrest, says CM used 'proceeds of crime'

Arvind Kejriwal was arrested by the Enforcement Directed on March 21.

The Delhi High Court on April 9 dismissed Delhi Chief Minister Arvind Kejriwal's plea against his arrest in the liquor policy case saying the material collected by the ED revealed he was actively involved in the use of proceeds of crime.

"The material collected by ED reveals that Kejriwal conspired and was involved in formulation of excise policy and used proceeds of crime," said the HC.

After the HC verdict, the AAP  said it has decided to move the Supreme Court on April 10.

Meanwhile, the HC upheld that Kejriwal’s arrest was not illegal. The court also noted that Kejriwal had no objection to him being sent to judicial custody. The Delhi CM had argued his arrest was a calculated move aimed at insulting him and sabotaging the Aam Aadmi Party (AAP) Lok Sabha poll prospects.

A single-judge bench of Justice Swarana Kanta Sharma said this court is of the opinion that the petitioner has been arrested in money laundering and the courts have to examine his arrest and remand as per law irrespective of elections.

"The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP. Granting pardon to approver is not under ED's domain and is a judicial process. If you cast aspersions on the process of pardon...you're casting aspersions on the judge," said the court

The court also said it is not concerned with who bought electoral bonds or who has received tickets to contest in the upcoming polls.

"Political considerations can't be brought before the court of law. The matter before this court is not a conflict between central govt and Kejriwal. It's a case between Kejriwal and ED," said the HC. “The courts are concerned only with constitutional morality and not political morality."

While Kejriwal maintained that the case against him is a “political conspiracy”, the probe agency remained firm in its stance to arrest the Aam Aadmi Party chief.

The AAP national convener had questioned the “timing” of his arrest by the agency and said it was in contravention of the basic structure of the Constitution, including democracy, free and fair elections and a level playing field.

"Whatever has happened till now in the so-called Excise Policy case- it can be said that the entire case is not about money laundering but it is the country's biggest political conspiracy...ED or CBI could not recover a single illegal rupee..." said AAP leader and Delhi Minister Saurabh Bhardwaj.

Meanwhile, the BJP  hailed the court's decision. "For the so-called Aam Aadmi chief minister, the court has clearly said that the law cannot be different for the common man and AAP's chief minister...The 'Aam Aadmi' cape has been pulled off as he (Arvind Kejriwal) wanted the treatment of a 'Khas Aadmi'," said  BJP's spokesperson Sudhanshu Trivedi.