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Kerjiwal moves apex court, but no urgent hearing on arrest challenge
Delhi CM Arvind Kejriwal failed to get an urgent hearing in the Supreme Court after the Delhi HC ruled ED has evidence of his involvement in money laundering.
Less than 24 hours after the Delhi high court denied his request to be released from custody, Delhi chief minister Arvind Kejriwal hurried to the Supreme Court on Wednesday morning but could not get an urgent hearing to challenge the ruling which held that the Enforcement Directorate (ED) possesses adequate evidence at this stage to suggest Kejriwal’s involvement in money laundering related to the Delhi excise policy case.
Senior counsel Abhishek Singhvi, representing the Aam Aadmi Party (AAP) convener, made a request before Chief Justice of India (CJI) Dhananjaya Y Chandrachud for an urgent hearing on Wednesday itself. The urgency stemmed from the impending closure of the Supreme Court for the remainder of the week due to Eid.
While the CJI told Singhvi that he would look into the letter of urgency and pass appropriate orders during the day, Kejriwal’s legal team did not receive any intimation, and a late-night update on the Supreme Court website suggested the AAP leader’s petition is likely to be listed on April 15.
Arrested by ED on March 21, Kejriwal in his plea in the top court painted a picture of a politically motivated witch-hunt orchestrated by the ruling Bharatiya Janata Party (BJP) at the Centre, and highlighted the wider ramifications of his arrest for democratic governance and the rule of law in India.
On Tuesday, a single judge high court bench of justice Swarana Kanta Sharma dismissed Kejriwal’s plea for release from jail, rejecting his argument of political vendetta amid the looming Lok Sabha elections. The court underscored that Kejriwal’s absence from nine ED summons over six months undermined any claims of special privilege as chief minister, suggesting his arrest was an inevitable consequence of his non-cooperation.
In a comprehensive 106-pagejudgment, the high court detailed Kejriwal’s alleged role in devising the Delhi excise policy 2021-22, purportedly involving kickbacks from the “South Group” and manipulation of illicit funds. It outlined two dimensions of Kejriwal’s purported involvement in money laundering — first, in his personal capacity for policy formulation and kickback solicitation; and second, as the national convener of the AAP, accused of utilising ₹45 crore in tainted funds during the 2022 Goa elections.
Rebutting the court’s findings, Kejriwal denounced the alleged political motives behind his arrest and accused the ruling BJP of orchestrating a deliberate attempt to stifle opposition voices.
The petition underscored the timing of his arrest, which occurred just five days after the announcement of general elections and the imposition of the Model Code of Conduct. As the national convener of the AAP, Kejriwal argued that his arrest provided the ruling party an unfair advantage in the upcoming elections, compromising the principle of free and fair elections — a cornerstone of democratic governance.
“The timing [of arrest], the so-called ‘materials’ in possession of the respondent (ED), the manner in which those materials were brought into existence, and the conduct of the BJP post the petitioner’s arrest, each demonstrate the way the machinery of law has been harnessed with the ‘oblique object’ of knocking out the political opposition,” stated the plea.
Kejriwal urged the top court to urgently intervene in the matter, arguing that over and above the issue of illegal curtailment of liberty, his arrest also constitutes an unprecedented assault on the tenets of democracy based on “free and fair elections” and “federalism”, both of which form significant constituents of the basic structure of the Constitution.
“The present case is a classic case of how the ruling party led central government has misused the central agency — Enforcement Directorate and its wide powers under PMLA to crush its biggest political opponent — Aam Aadmi Party and its leaders... During an election cycle when political activity is at its highest, the petitioner’s illegal arrest has caused grave prejudice to the petitioner’s political party, and will provide the ruling party at the Centre an unjust upper hand in the upcoming elections,” said the petition.
The petition added that the CM’s arrest was to inure it to the political benefit of the ruling party at the Centre through its “favorite agency used for targeting the Opposition”. The arrest is, thus, liable to be quashed solely on the ground of being a result of malice in law, it pressed.
Kejriwal alleged that the ED’s investigation was riddled with irregularities, including the deliberate concealment of exculpatory evidence and the coercion of witnesses to furnish false statements. He contended that the lack of concrete evidence linking him to any wrongdoing rendered his arrest baseless and illegal.
“By categorising such statements as ‘unrelied upon documents’, ED unlawfully seeks to withhold evidence from both the courts and the accused person. This intentional act of concealing pertinent information serves to undermine the integrity of the investigative process. Such actions reflect a clear disregard for due process and the principles of justice,” contended the plea.
The petition also spoke of ED’s alleged abuse of its authority under the Prevention of Money Laundering Act (PMLA), citing instances where co-accused were purportedly coerced into providing incriminating statements against Kejriwal in exchange for leniency. Kejriwal argued that ED’s reliance on such coerced statements as the basis for his arrest violated fundamental principles of justice and due process.
“None of the four conditions of Section 19 (arrest under PMLA) stand satisfied in this matter and the arrest is totally illegal, mala fide and to violate petitioner’s fundamental rights. There is no ‘material’, no ‘reason to believe’, no basis for a finding of ‘guilty’, and (no necessity to arrest...ED in the present case has grossly abused their power u/s 50 and 45 PMLA and resorted to coercing, threatening various co-accused,” added the plea.
Addressing specific allegations levelled against him, Kejriwal refuted claims of financial impropriety during the Goa elections, arguing there was no substantiating evidence to link him or his party to any illicit activities.
“There exists no proof or material demonstrating that the AAP received funds or advanced kickbacks from the South group, let alone utilizing them in the Goa election campaign. Not a single rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration,” stated the plea.
It also contended that the CM cannot be made vicariously liable for the affairs of the AAP and potentially subject to charges of money laundering under Section 70(1) of PMLA nor could the alleged use of money in Goa elections by AAP could form a ground to justify his arrest by ED.
“In the 22 years of the PMLA’s existence, a political party has never been sought to be made an accused as a ‘company’ under Section 70, arresting a senior leader of that political party who is also holding a constitutional post of Chief Minister of the national capital on the basis of a mere deeming fiction, with absolutely no incriminating materials, is not just without basis in law, but prima facie malafide,” the petition maintained.
Moreover, Kejriwal lamented the Delhi high court’s handling of his case, claiming it made observations on matters beyond the scope of the proceedings and failing to adequately scrutinise the legality of his arrest. He argued that HC failed to recognise the political motivations behind his arrest.
Kejriwal was arrested by ED on March 21 in connection with a money laundering probe pertaining to alleged irregularities in the now-cancelled Delhi excise policy 2021-22.
The high court’s decision to reject the CM’s petition on Tuesday marked yet another turning point in the continuing legal dispute involving Kejriwal, with potential ramifications for both the legal proceedings and the broader strategy of the AAP days before the general elections are slated to begin. It has also raised question marks about the viability of Kejriwal as chief minister while he is in jail.
“Arvind Kejriwal has said that he is ready to suffer all atrocities of this dictatorial government (BJP govt) but it is important to save the Constitution of the country. Our democracy and Constitution are under threat,” Gopal Rai, the AAP’s Delhi convener, said.
“After yesterday’s decision by the court, people’s illusions about Kejriwal have been shattered, their conscience is bothering them and is the reason behind Anand’s resignation. The Delhi high court has made it clear that Kejriwal has played an important role as the chief minister on a personal basis and has taken kickbacks,” said Bansuri Swaraj, the BJP’s candidate from the New Delhi constituency.
