In a significant development, the Delhi High Court has issued notice on a plea filed by Chief Minister Arvind Kejriwal challenging his recent arrest by the Enforcement Directorate (ED) in connection with a money laundering case related to an alleged liquor policy scam. However, the court declined to grant any interim relief to Kejriwal for now.
Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, moved the plea seeking immediate release of the Chief Minister. Singhvi contended that the challenge was primarily against the remand itself and argued that the matter did not necessitate any replies. He also explained that providing a copy of the petition earlier had been challenging due to the closure of the Registry on the preceding Saturday.
The court's decision to issue notice on the interim application came after Additional Solicitor General SV Raju, appearing for the ED, highlighted that the agency had not received a copy of the petition until the previous day. Raju emphasised the need for ED to file a reply and address certain factual aspects before any decision on interim relief could be made.
Justice Swarana Kanta Sharma, presiding over the matter, observed that deciding on interim relief without allowing ED to respond would effectively amount to deciding the main petition itself. Hence, she stressed the importance of hearing both sides fairly and allowing ED the opportunity to rebut the contentions raised by Kejriwal's counsel.
The court underscored that its writ jurisdiction under Article 226 of the Constitution is not a substitute for bail provisions under Section 439 of the CrPC. Therefore, any release order would essentially be akin to granting bail or interim bail, which necessitates careful consideration and a fair hearing of both parties' arguments.
Kejriwal's remand is set to conclude soon, and the court's decision on the plea for interim relief is awaited before his next appearance at the Rouse Avenue Courts. While the court declined interim relief at this stage, it expressed a commitment to thoroughly consider the issues raised in the main petition challenging the arrest and remand.
The Delhi High Court's decision reflects the judicial scrutiny being applied to the legal aspects of Kejriwal's arrest and the ensuing remand. With both sides given the opportunity to present their arguments, the court aims to ensure a fair and just resolution in accordance with constitutional principles and procedural safeguards. The case continues to draw attention as it unfolds, with implications for Kejriwal's legal standing and the broader legal framework governing arrests and remands in criminal cases.
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