Jahanvi Agarwal
Following the dismissal of his plea by the Delhi High Court yesterday, Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court to challenge his arrest by the Enforcement Directorate (ED) in the Delhi Liquor Policy case.
The petition was mentioned before the Chief Justice of India DY Chandrachud today for an urgent hearing. CJI Chandrachud
Kejriwal, who was arrested on March 21, is currently under judicial custody. The plea challenges a judgment delivered by Justice Swarana Kanta Sharma of the Delhi High Court, which upheld Kejriwal’s arrest and subsequent remand.
In the High Court’s judgment, Justice Sharma stated, “Material collected by ED reveals that Kejriwal conspired and was involved in formulation of excise policy and used proceeds of crime. He is also allegedly involved in personal capacity in formulation of policy and demanding kickbacks and secondly in the capacity of national convenor of AAP.”
Following the parties’ arguments and a review of the evidence, the High Court concluded that the ED had presented sufficient material, including statements of approvers and AAP’s own candidate, indicating that Kejriwal received funds for the Goa elections. The judgment also noted that Section 70 PMLA (Prevention of Money Laundering Act) was applicable in the case, which imposes penalties for offences committed by companies. This section holds individuals in charge of the conduct of a company’s business responsible for contraventions of the PMLA.
Regarding the approvers statements challenged by Kejriwal, Justice Sharma dismissed allegations of bias, stating that the statements were recorded by courts and not solely by the probe agency.
Kejriwal was arrested after the Delhi High Court denied him interim protection. He initially approached the Supreme Court on the night of his arrest but withdrew the petition the next day due to timing conflicts with the ED’s remand application before the Trial Court.
Senior Advocate Dr. Abhishek Manu Singhvi, representing Kejriwal, informed a Bench led by Justice Sanjiv Khanna that Kejriwal would contest the remand and return. Despite resistance, the AAP leader remained in custody, with the Trial Court initially remanding him to 6 days ED custody on March 22, later extended by 4 days. On April 1, he was remanded to judicial custody until April 15.
The ED alleges that Kejriwal was the central figure and primary conspirator in the alleged Delhi Liquor Policy scam, possessing evidence indicating his involvement in money laundering. AAP leaders Manish Sisodia and Sanjay Singh are also implicated in the case. While Sisodia remains in custody, Singh was recently granted bail by the Supreme Court following a concession by the ED.
In parallel developments, three public interest litigations seeking Kejriwal’s removal as Delhi Chief Minister were filed before the Delhi High Court. While two have been dismissed, the third is scheduled for April 10.