Delhi High Court Rejects Arvind Kejriwal’s Appeal, Upholds Enforcement Directorate’s Arrest in Excise Policy Case

The Delhi High Court has delivered its verdict on Chief Minister Arvind Kejriwal’s appeal against his arrest by the Enforcement Directorate (ED) in connection with an excise policy case. The court dismissed Kejriwal’s plea, affirming the validity of the ED’s action and subsequent remand.

Validity of Arrest Affirmed by High Court 

Justice Swarana Kanta Sharma, presiding over the case, upheld the ED’s arrest of CM Arvind Kejriwal. The court pointed out that evidence collected by the ED indicates Kejriwal’s involvement in conspiring and actively participating in the utilization and concealment of proceeds of crime. It was noted that Kejriwal, both in his personal capacity and as the convener of the Aam Aadmi Party (AAP), played a role in formulating the excise policy and allegedly sought kickbacks. The court emphasized that the ED presented sufficient material substantiating these allegations, including statements that establish a chain of events linking the misuse of funds to elections in Goa.

Ruling on Approver’s Statements Regarding Excise Policy Case

Regarding the credibility of approver statements, the court emphasized their legal standing, stating that statements recorded under the Prevention of Money Laundering Act (PMLA) and Section 164 of the Criminal Procedure Code (CrPC) carry weight and shouldn’t be doubted without cause. The bench clarified that the law concerning approvers has been in existence for over a century and isn’t aimed at targeting Arvind Kejriwal specifically. Justice Sharma remarked that the ED possessed substantial evidence leading to Kejriwal’s arrest, and any delays or attempts to evade the probe by the CM impacted those already in judicial custody.

Timing of Arrest Considered Irrelevant

Addressing the timing of Kejriwal’s arrest in relation to national elections, the court deemed it necessary to evaluate the legality of the arrest and remand irrespective of political events. It dismissed Kejriwal’s contention that his arrest was politically motivated, stating that without evidence of malicious intent on the part of the ED, such claims were unsustainable. The court highlighted that Kejriwal, being aware of the imminent Lok Sabha elections, should have anticipated legal actions regardless of the electoral calendar. Kejriwal’s lawyer, Abhishek Manu Singhvi, had argued that the arrest was a deliberate attempt to disrupt his client’s political campaign.

Overall, the Delhi High Court’s verdict reinforces the authority of the Enforcement Directorate’s actions against Arvind Kejriwal in the excise policy case. The ruling underscores the importance of legal procedures and the necessity of accountability regardless of political circumstances.