After strong remarks on Kejriwal, SC hearing again today
What's the story
The Supreme Court will continue hearing on Tuesday Delhi Chief Minister Arvind Kejriwal's plea against his arrest by the Enforcement Directorate. Kejriwal—in his petition—has argued that his arrest and subsequent detention are unlawful. During the hearing on Monday, the apex court questioned Kejriwal's challenge against his arrest despite his refusal to provide a statement to the federal agency in the money laundering probe linked to the now-scrapped Delhi excise policy.
Kejriwal's petition
Timing of arrest indicates political motivations: Plea
Kejriwal, in his plea, has also contended that the timing of his arrest—just before the general elections, indicate "political motivations." His plea stated, "The attempt is to decimate a political party and topple an elected government of the NCT [National Capital Territory] of Delhi." On Monday, his lawyer Abhishek Manu Singhvi said before the court that an arrest should be based on evidence of guilt, "not mere suspicion."
Legal debate
Court panel questions Singhvi's argument
A two-judge panel questioned Singhvi's argument, stating, "Are you not contradicting yourself by saying that his statements under Section 50 of PMLA were not recorded? You don't appear on summons for recording of statements under Section 50 and then you say it was not recorded." They further inquired about possible actions if Kejriwal continued to ignore repeated summons. Singhvi responded that failure to record Section 50 statements is not a valid reason for arrest based on belief of guilt.
Standoff
ED claims Kejriwal evaded summons, Singhvi refutes
In its court affidavit, the ED claimed that Kejriwal has evaded summons for questioning on nine occasions. Singhvi refuted this, stating, "Today, you cannot say that we will arrest you because you did not appear on summons. Can you say that since you did not cooperate, you will be arrested? Non-cooperation cannot be a ground for criminality...or grounds of arrest." He also noted that Kejriwal had previously cooperated with the Central Bureau of Investigation and responded to all their inquiries.
Custody timeline
Kejriwal's arrest and subsequent detention details
Following his arrest on March 21, Kejriwal was held in the agency's custody for questioning and was transferred to Tihar jail under judicial custody on April 1. The Delhi High Court had previously supported Kejriwal's arrest, stating that the ED had "little option" after he ignored repeated summons. The case centers around claims that liquor companies played a role in shaping the Delhi excise policy of 2021-22, which was later discarded.