: Chief Justice of India D Y Chandrachud agreed to consider the appeal for an expedited hearing by Delhi Chief Minister Arvind Kejriwal regarding his recent arrest. The CJI requested that Kejriwal’s legal representative, senior advocate Abhishek Singhvi, submit the request via email.
Kejriwal approached the Supreme Court challenging the April 9 decision of the Delhi High Court, which confirmed his arrest in connection with a money laundering case linked to an alleged excise policy scam. The Delhi High Court maintained the arrest, citing the Enforcement Directorate’s (ED) limited options due to Kejriwal’s non-compliance with multiple summonses and his refusal to participate in the investigation.
Justice Swarana Kanta Sharma of the Delhi High Court referenced the ED’s allegations that Kejriwal was complicit and actively engaged in the concealment and utilisation of crime proceeds, leading to the dismissal of his petition against the arrest.
The court criticised Kejriwal, who is also the national convenor of the Aam Aadmi Party (AAP), for his alleged involvement in money laundering activities and for questioning the timing of his arrest, emphasising that the law applies equally to all individuals.
Furthermore, the court dismissed Kejriwal’s insinuations about the judicial process, specifically his claims regarding an approver’s donations to the BJP through electoral bonds, and reiterated the longstanding nature of the law concerning approvers.
The high court highlighted that the ED possessed substantial evidence against Kejriwal, including his alleged conspiracy with others in the creation of the Delhi Excise Policy 2021-22 and the solicitation of kickbacks from the South Group, in addition to the generation, use, and concealment of crime proceeds.
Witness statements and approver testimonies suggest Kejriwal’s direct involvement in the policy’s formulation and the prima facie solicitation of kickbacks, as per the court’s 106-page judgement.However, the court clarified that its focus was on Kejriwal’s writ petition contesting the arrest, not his bail application.
The case involves suspected corruption and money laundering in the development and implementation of the Delhi government’s excise policy for the year 2021-22, which was subsequently revoked.
Kejriwal was detained by the ED on March 21, shortly after the high court denied him protection from the agency’s coercive measures. He remains in judicial custody at Tihar jail until April 15.