Delhi excise policy case: SC questions ED over timing of Arvind Kejriwal's arrest

SC hears Arvind Kejriwal's case

The Supreme Court on April 30 questioned the Enforcement Directorate (ED) over the timing of Delhi Chief Minister Arvind Kejriwal’s arrest in the excise policy case since it happened just before the Lok Sabha elections began.

"The timing of the arrest is just before general elections," the bench observed.

A bench of justices Sanjiv Khanna and Dipankar Dutta also observed that "life and liberty are important". The ED is expected to respond to this query when the case comes up again on Friday (May 3).

In addition to these questions, the bench also posed a series of questions on how exactly Kejriwal is involved in the excise policy case and whether he could have been arrested in the absence of adjudicatory proceedings. The court also asked the agency to satisfy them on why a long period of time had elapsed between the alleged scam being unearthed and Kejriwal's arrest, more specifically in terms of the Prevention of Money Laundering Act (PMLA), 2002.

During the course of the hearing today, senior advocate AM Singhvi, who appeared for Kejriwal, had taken the court through the four statements basis on which Kejriwal was arrested, and argued that all those who made statements against him have gotten some benefit or the other.

On April 29, the bench questioned Kejriwal as to why he did not move a bail plea in the lower court after his arrest by the Enforcement Directorate (ED) in the liquor policy case on March 21.

Responding to this, senior advocate Abhishek Manu Singhvi, who appeared for the CM, stated that Kejriwal has chosen to challenge the validity of his arrest rather than pursuing a bail plea. Singhvi told the court that as per Section 19 of the Prevention of Money Laundering Act (PMLA), 2002, ED must have had a reasonable basis to suspect Kejriwal's involvement in the alleged scam, however they have no such proof.

Kejriwal was taken into custody on March 21  just weeks ahead of Lok Sabha elections. A bench of Justices Sanjiv Khanna and Dipankar Datta said  that “life and liberty are very important” while hearing Kejriwal’s plea challenging his arrest by the ED. "Life and liberty are exceedingly important. You can't deny that," the bench told additional solicitor general SV Raju and sought a reply on the timing of the AAP leader's arrest.

Earlier Kejriwal had alleged that ED acted in a "most highhanded manner" in a money-laundering case stemming from the alleged excise policy scam.

Kejriwal -- who is currently lodged in Tihar jail in the excise policy scam -- in a rejoinder to the ED's reply affidavit filed on his petition challenging his arrest in the case said he has always cooperated with the investigation.

Kejriwal said the ED has said in its reply that in such a case, the IO was justified in forming an opinion that custodial interrogation would lead to "a qualitatively more elicitation orientated" questioning of the accused. "The aforementioned tenor, text and contents of the reply leave no manner of doubt that the ED has acted in a most highhanded manner in a gross affront to the due process of law," he said.

On April 15, the SC refused to grant any immediate relief to Kejriwal. The court however issued notice to ED and asked it respond to the  AAP chief’s petition by April 24. The case is likely to be heard in the week beginning April 29.

Kejriwal moved the court against the Delhi High Court order that upheld his arrest. The high court said the material collected by the ED showed the chief minister was actively involved in the use of proceeds of crime.