Achi news desk-
GUWAHATI: In a major blow to jailed Delhi Chief Minister Arvind Kejriwal, the Delhi High Court on April 9 dismissed his petition challenging his arrest by the Enforcement Directorate (ED) in connection with the Delhi Excise Policy case, saying it was not “illegal.” The court also rejected his petition against the arrest warrant received by the lower court that sent him to AD detention.
The order was passed by Justice Swarna Kanta Sharma, who had earlier reserved the verdict after hearing lengthy arguments on April 3.
Kejriwal was arrested by ED on March 21 in a money laundering case related to Delhi’s Excise Policy 2021. He was produced before Delhi’s Rouse Avenue court, which remanded him in custody till March 28.
He then appealed his arrest and detention to the High Court.
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In his plea, Kejriwal alleged that the central government was misusing the Prevention of Money Laundering Act (PMLA) – under which he was arrested – to create an uneven playing field for the 2024 Lok Sabha elections.
The central government is trying to tilt the election process in favor of the ruling party at the center (Bhartia Janata Party), which controls the ED through the finance ministry, Kejriwal reportedly claimed.
On March 28, the Rosa Boulevard court extended the ED’s detention of Kejriwal until April 1. On April 1 he was brought into custody until April 15.
He is currently housed in Tihar Prison.
In its order, the Supreme Court said the petition challenged the arrest and said it was a violation of Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA). "The court clarifies that the request is not for bail but for declaring the arrest illegal," Bar and Bench reported while quoting the court order.
The apex court said the material collected by the ED “reveals that Arvind Kejriwal conspired and was actively involved in the use and concealment of proceeds of crime."
“The ED case also reveals that he was involved in his personal capacity as well as a convener in AAP," said the command.
Kejriwal questioned the timing of the arrest which came just before the 2024 Lok Sabha elections. In response, the court said, “The petitioner was arrested in a money laundering case and the court should examine his arrest and detention in accordance with the law regardless of the timing of the elections."
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A response to Kejriwal’s argument questioning the statements of the “confirmers" In the Excise Policy case, the court said that the statements of Raghav Magunta and Sarath Reddy were corroborative statements which were recorded under the PMLA as well as Section 164 CrPC".
“To question the manner in which the confirmation statement was recorded would be tantamount to inflicting harm on the court and the judge," Order added. “The approving law is over 100 years old and not a year old. It cannot be suggested that it was enacted to involve the present petitioner (Kejriwal)," It added.
