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Election 2024

Plea against Kejriwal's arrest deemed "not maintainable" by Delhi High Court

The Delhi High Court dismissed a plea challenging Chief Minister Arvind Kejriwal's arrest in a money laundering case related to the excise policy scam, citing it as not maintainable.

- New Delhi - UPDATED: May 3, 2024, 03:47 PM - 2 min read

Kejriwal's Bail Plea Denied Again by the Delhi High Court.


The Delhi High Court dismissed a plea challenging Chief Minister Arvind Kejriwal's arrest in a money laundering case related to the excise policy scam, citing it as not maintainable.

 

The court stated that Kejriwal has the means to approach the court and file appropriate proceedings, rejecting the plea's direction to the Centre to inform the Election Commission of India (ECI) about arrests during the model code of conduct (MCC).

 

In its verdict released on Friday, the high court termed the petition "frivolous" and lacking in merit, suggesting it was filed for publicity rather than legal grounds.

 

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora emphasised that the petitioner, law student Amarjeet Gupta, had no standing to seek relief for the arrested person.

 

The court clarified that every arrested person must be presented before a magistrate within 24 hours and can only be further detained with the magistrate's orders.

 

It also rejected the petition's call for the ECI to enable arrested political leaders to campaign virtually during elections, highlighting that this request misunderstands existing jail manual rules governing undertrial rights.

 

Though inclined to impose costs on the petitioner, the court exempted Gupta, considering him a student.

 

Earlier, the court had rejected a similar plea, observing that allowing arrested leaders to campaign virtually could lead even dreaded criminals to join political parties.

 

Kejriwal was arrested by the Enforcement Directorate on March 21, during the MCC period following the EC's announcement of Lok Sabha poll schedules on March 16.

 

The petitioner argued that voters were deprived of their fundamental right to information under Article 19(1)(a) of the Constitution, and political leaders were unable to exercise their right to campaign while in custody.

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