Delhi High Court dismisses Arvind Kejriwal’s plea against ED arrest

New Delhi, Apr 9:  The Delhi High Court has dismissed a plea filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) in connection with the Delhi Excise Policy case. The court also upheld the subsequent remand orders passed by the trial court, sending Kejriwal to ED custody, Bar and Bench reported.

Justice Swarana Kanta Sharma, who reserved the verdict after thorough arguments on April 3, emphasized the judiciary’s commitment to legal principles over political considerations. She stated, “We hold that judges are bound by law, not politics. Judgments are given on legal principles, not political considerations. Court cannot go into the realm of politics.”

Regarding the timing of Kejriwal’s arrest before the 2024 Lok Sabha elections, the court asserted that the legality of the arrest and remand must be examined according to the law, not the electoral calendar. The court remarked, “Shri Kejriwal must have been aware of the Lok Sabha dates, he would have known when the elections were to be held...”

After reviewing the evidence submitted by the ED, the court concluded that there were grounds to believe that Kejriwal was involved in the conspiracy and concealment of the proceeds of the crime. The ED’s case indicated his involvement as well as his role as the convener of AAP.

The court rejected Kejriwal’s argument that he could have been questioned via video conference, emphasizing that investigation methods cannot be dictated by the convenience of the accused, even if they hold high office.

Kejriwal was arrested by the ED on March 21 in connection with a money laundering case related to the Delhi Excise Policy of 2021. His custody was extended till April 1 by the Rouse Avenue Court, after which he was remanded to judicial custody till April 15.

Arguments in the case saw strong contentions from both sides. The Additional Solicitor General (ASG) SV Raju, representing the ED, argued against Kejriwal’s alleged misuse of his position and political motivations behind the arrest. Senior Advocate Abhishek Manu Singhvi, appearing for Kejriwal, countered these arguments, questioning the validity of the charges and the jurisdiction of the ED in the absence of clear proceeds of crime.