Arvind Kejriwal: Chief Minister Arvind Kejriwal‘s appeal contesting his detention by the Enforcement Directorate (ED) in the excise policy case was denied by the Delhi High Court on Tuesday. The court clarified that Kejriwal’s appeal was not an application for the granting of bail, noting that the plea contested the petitioner’s arrest and claimed that it had breached PMLA Section 19.
Judicial Opinion on Money Laundering Arrest
The court is of the opinion that the petitioner has been arrested in connection with money laundering, and the courts have to assess his detention and remand as per law, regardless of elections, according to a single-judge bench of Justice Swarana Kanta Sharma.
In addition to being arrested, Kejriwal has contested being placed under detention in the ED’s custody. Regarding the need for an arrest, the HC stated that the ED had sufficient evidence, which prompted them to take the current accused into custody.
Factors Leading to Arrest
The bench also stated that Kejriwal’s arrest was caused by a number of factors, not just his refusal to cooperate with the investigation. “This court holds that judges are not bound by law and not by political considerations,” the court said, stating that since the political factors and calculations are meaningless, they cannot be submitted before a court of law.
Additionally, the court ruled that the petitioner Kejriwal and the Central government are not parties to this dispute. “The matter is between Shri Kejriwal and the Enforcement Directorate,” the court said. According to Justice Sharma, the court’s primary focus is on maintaining constitutional morality. Rouse Avenue Court placed him in judicial detention on April 1 and kept him there until April 15.
Ignoring ED Summonses
After months of ignoring ED summonses, Kejriwal was taken into custody in a case involving the excise policy late on March 21. His house was visited by a 12-person central agency team shortly after the Delhi High Court denied him temporary immunity from coercive measures.
The leader of the Aam Aadmi Party (AAP) was described by the ED as the “kingpin and key conspirator of the Delhi excise scam” in court. Kejriwal, the ED said in its remand application, “was involved in the conspiracy…to favour certain persons and…in the demanding kickbacks from liquor businessmen in exchange of favours”.
Election Campaign Allegations
He was also “involved in the use of proceeds of crime…in the Goa election campaign of the AAP of which he is the…ultimate decision maker”, the ED said. The first chief minister in office to be arrested is Kejriwal, a two-time leader of the assembly. Right now, he is being held at Tihar Jail.