As the Delhi High Court commenced the hearing of Chief Minister Arvind Kejriwal's plea against his arrest by the Enforcement Directorate (ED) in the liquor policy case on Wednesday, Advocate Abhishek Manu Singhvi argued that the timing of the arrest raised concerns about democratic principles as the petitioner (Kejriwal) would be unable to participate in the electoral process. Singhvi initiated the argument by stating that the arrest was an attempt to dismantle the Aam Aadmi Party even before the first vote is cast.
Singhvi questioned the urgency of Kejriwal's arrest, stating, "A level playing field is not merely a phrase or word but encompasses three components - it forms part of free and fair elections which, in turn, is part of democracy and the basic structure. The timing of the arrest raises issues related to the basic structure, democracy, and free and fair elections. What is this urgency or necessity?”
Singhvi contended that between October 30, 2023 (the date of the first summons) and March 16 (the date of the 9th summons), the ED found no evidence supporting Section 50 of the Prevention of Money Laundering Act (PMLA). Kejriwal's lawyer stated that the ED's remand application, which expressed a desire to ascertain the role of the chief minister, could not serve as grounds for arrest.
On April 1, Kejriwal was remanded to 15-day judicial custody by the Rouse Avenue court. The High Court is currently hearing a plea filed by the Delhi Chief Minister challenging his arrest.
While Kejriwal continued to serve as the Chief Minister even after being sent to Tihar, AAP MP Sanjay Singh was granted bail in the same case on Tuesday. However, the Supreme Court stipulated that Sanjay Singh's bail could not be cited as a precedent in any other case.
The ED countered that Kejriwal could not use the impending elections as an excuse, as the elections are now imminent; the ED has not recently become active.
Scam beyond doubt: ED
The ED counsel asserted that there is no doubt that a scam has occurred. "No matter how much you protest today, it is clear that there was a scam and the exchequer and the public have been deprived of money. The fact that there was a scam amounting to 100 crores was not known at the time of the elections. They cannot use the elections as an excuse. The elections are now imminent. It’s not as if the ED has recently become active," the ED counsel stated.
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