Delhi Liquor Case: Setback for Arvind Kejriwal as HC calls his arrest by ED valid

New Delhi: The Delhi High Court on Tuesday dismissed chief minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate (ED) in the excise policy money laundering case.

While stating that Kejriwal’s arrest and remand by the ED was “not illegal”, Justice Swarana Kanta Sharma upheld the subsequent remand orders, including the one remanding him to judicial custody, Live Law reported.

“Material collected by ED reveals that Kejriwal conspired and was involved in formulation of excise policy and used proceeds of crime. He is also allegedly involved in personal capacity in formulation of policy and demanding kickbacks and secondly in the capacity of national convenor of AAP,” the judge said while pronouncing the order in open court.

The court further said that the ED was in possession of enough material which had led them to arrest Kejriwal. “Non-joining of investigation by Kejriwal, delay caused by him was also impacting those in judicial custody,” it added.

The HC also found the challenge to timing of the arrest was not sustainable in the absence of any mala fide on part of ED. “All mandate of law laid down in Pankaj Bansal case was followed by the central probe agency. The magistrate court order remanding Kejriwal to custody was also reasoned order,” it observed.

Senior advocate Abhishek Manu Singhvi, representing Kejriwal, had argued that the case exhibits timing issues, “preventing the petitioner from participating in the democratic process” and potentially harming his party, referring to the upcoming Lok Sabha elections. He further said that Kejriwal cannot be held vicariously liable since AAP is not a company but a political party registered under the Representative of Peoples Act.

Singhvi had also questioned the veracity of statements given against Kejriwal by approvers allegedly in “exchange for their release and ticket to contest elections”.

Stating that the approvers’ statements are recorded by the court and not by the probe agency, the HC said, “To cast aspersion on the manner of recording statements of approver would amount to casting aspersions on the judicial process. The law of approver is more than 100 years old. It is not a one year old law to suggest as if it was enacted to falsely implicate the petitioner.”

“Who gives tickets for contesting election or who purchases electoral bonds is not the concern of the court,” it added.

The ED had countered the plea on the ground that Kejriwal cannot claim “immunity” from arrest based on upcoming elections as the law applies equally to him and an “aam aadmi”. It further said that AAP has been the primary recipient of funds from illegal activities in the Delhi liquor scam and a portion of these funds, totalling around Rs 45 crore, was purportedly used in its electoral campaign during the Goa Assembly elections in 2022.

Kejriwal was arrested on March 21. The next day, the Delhi’s Rouse Avenue Court remanded him to the ED’s custody. On April 1, he was sent to the judicial custody till April 15.