Delhi HC to pronounce judgement on Arvind Kejriwal’s plea challenging his arrest tomorrow

A single bench of Justice Swarana Kanta Sharma will pronounce the judgement tomorrow at 2.30 pm.

The Delhi High Court had on April 3 after hearing lengthy arguments from both sides reserved its judgement.

Kejriwal has questioned the timing of his arrest by the central agency, alleging it is in ‘contravention’ of the basic structure of the Constitution, including democracy, free and fair elections and a level playing field.

Kejriwal was arrested on the night of March 21. The trial court had on March 22 remanded him to six days of ED custody which was extended by a further four days.

On April 1, he was remanded to judicial custody till April 15 by the trial court. He is currently in judicial custody in Tihar Jail.

Additional Solicitor General SV Raju appearing on behalf of ED had opposed the bail plea of Kejriwal saying that the investigation is at a nascent stage.

Senior Advocate Abhishek Manu Singhvi appearing for Kejriwal argued that the Enforcement Directorate did not comply with Section 50 PMLA which empowers it to issue the summons, collect evidence, etc.

Singhvi had questioned the necessity of arresting the Delhi Chief Minister amid upcoming general elections. "The only object is to insult, humiliate and disable...So that the petitioner is unable to participate in the election process and to try to demolish the party before the first vote is cast," the Senior Advocate argued.

ASG argued that Kejriwal received kickbacks and no calculation was done as to why 5 percent profit was converted to 12 percent in the now scrapped liquor policy. "The only inference drawn is that it was done so that 7 percent of the portion is used for giving kickbacks."

Raju said evidence shows that kickbacks were used for the election campaign of AAP in Goa.

The beneficiary of kickback proceeds was AAP. The offence is committed by AAP, which is an association of individuals, ASG said.

Allegations against Kejriwal are that he skipped nine summons issued to him by the agency.

AAP leader Sanjay Singh, also accused in the case, was granted bail by the Supreme Court on April 2 after 6 months remaining in custody. Another AAP leader Manish Sisodia is currently in judicial custody for more than a year in the same case.

[With UNI inputs]