After setback in HC, Kejriwal moves SC to challenge his arrest

Delhi Chief Minister Arvind Kejriwal on Wednesday moved Supreme Court challenging his arrest by the Enforcement Directorate.

The Delhi high court rejected his plea on Tuesday challenging his arrest in Delhi's excise policy irregularities case saying the case is valid.

The court also said that the material collected by the Enforcement Directorate revealed that he conspired with others and was involved in his personal capacity as well as convenor of Aam Aadmi Party.

The Delhi High court also rejected Kejriwal's objections to ED using approver's statement against him and said “granting pardon to approver is not under ED's domain as it is a judicial process. If you cast aspersions on the process of pardon, you're casting aspersions on the judge.”

Kejriwal's argument to have been questioned through video conferencing was also rejected by the court. "It is not for the accused to decide how the investigation is to be done. It cannot be as per the convenience of the accused. This court won't set two sets of laws - One for the commons and the other for the public servants," the court said. 

Failing to get any relief from the Delhi High Court, the Aam Aadmi Party had said Arvind Kejriwal will move the Supreme Court against his arrest and said the excise policy case was the "biggest political conspiracy" to finish off the party.

Senior AAP leader and Delhi minister Saurabh Bharadwaj told a press conference soon after the HC order that they are hopeful the Supreme Court will provide relief to Kejriwal in the same way it granted bail to AAP Rajya Sabha MP Sanjay Singh recently.

"We respect the institution of the high court but we respectfully submit that we do not agree with its order and will move the Supreme Court against it," Bharadwaj said.

"The so-called excise policy scam is the biggest political conspiracy to finish off the party and Kejriwal," he alleged.

He claimed the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) have failed to recover even one rupee of what they claim was illegal money involved the case.

"The entire matter is not related to money laundering, rather it's the biggest political conspiracy of the country. It's a conspiracy to crush and finish off Chief Minister Arvind Kejriwal and AAP governments in Delhi and Punjab," he said.

"It has come on record in courts repeatedly that there was pressure on the witnesses. The witnesses were beaten, intimidated, threatened and pressured to change their old testimonies and give statements that the ED wants, what the Central government agency wants. And this is not my allegation, it is all on record," Bhardawaj said. 

It can be said this entire case is based on fake evidence and false witnesses, he charged. “Its very basis is a lie.”

"Magunta Reddy, who testified against Arvind Kejriwal, is contesting elections on an NDA ticket. Witnesses have said before the court that they were forced to give statements against Kejriwal," he alleged. 

Almost two weeks before Kejriwal’s arrest on March 21, he had launched AAP's Lok Sabha campaign in Delhi titled "Sansad Mein Bhi Kejriwal toh Dilli hogi aur khushhal" (Delhi to be more prosperous with Kejriwal in Parliament).

The party has now changed launched a new strategy with the slogan "Jail Ka Jawab, Vote Se" seeking to gain electorally through a "sympathy wave", as party leaders put it, in the wake of the chief minister's arrest, reported PTI.

AAP is contesting 22 seats in the Lok Sabha elections in Delhi, Punjab, Gujarat, Assam and Haryana and Kejriwal was scheduled to campaign for the party's candidates.

In his absence, other leaders of the party, including Punjab Chief Minister Bhagwant Mann, Rajya Sabha MP Sanjay Singh and Delhi ministers Atishi and Saurabh Bharadwaj, will have to hold the fort.

Back in the HC, while dismissing Kejriwal's plea, the court said, “The court is of the view that the arrest of Arvind Kejriwal was not in contravention of legal provisions. The remand cannot be held to be illegal.”

Besides his arrest, Kejriwal, who is currently in judicial custody, has also challenged his subsequent remand.
Kejriwal was arrested by the ED on March 21, hours after the high court refused to grant him protection from coercive action by the central agency.

He was sent to judicial custody on April 1 after he was produced in the trial court on the expiry of his ED custody. He is currently lodged in Tihar Jail.
 

(with PTI inputs)