Manas Dasgupta
NEW DELHI, Mar 27: The Delhi high court on Wednesday refused any interim relief to the Delhi chief minister Arvind Kejriwal who had filed a petition challenging his arrest by the Enforcement Directorate in the alleged liquor policy scam and seeking immediate release.
A bench of Justice Swarana Kanta Sharma only issued a notice to the ED regarding Kejriwal’s plea for immediate release asking the agency to reply by April 2 and posted the matter for further hearing on April 3.
The high court rejected the contention of senior advocate AM Singhvi who appeared for Kejriwal and argued that no reply from ED was required. The court said it was duty-bound to hear both sides fairly keeping in mind the principles of natural justice and hence ED’s reply was essential and crucial to decide the present case.
“Thus, having regard to the nature of issues raised in this petition, this Court is of the opinion that the respondent has to be granted an opportunity to file a reply, as an opportunity for effective representation, and declining this opportunity would amount to denial of fair hearing as well as violation of one of the principles of natural justice i.e., audi- alteram partem, which is applicable to both the parties and not one,” the court said.
Mr Kejriwal is currently in ED custody; he is being held in the lock-up at the agency’s Delhi office.
On Thursday the agency’s 7-day custody of the AAP leader expires and he will be back in Delhi’s Rouse Avenue Court, where, most likely, the ED would seek further remand or Mr Kejriwal could be send to the judicial custody.
In a long-drawn and intense hearing on Wednesday, Mr Kejriwal’s legal team slammed the ED’s “delaying tactics” after the agency asked for three weeks’ time to respond. Additional Solicitor General SV Raju, appearing for the ED, said the copy of the petition had been served late, and that he needed time to study the document. Mr Singhvi, appearing for Mr Kejriwal, said the petition had been filed on March 23. “Defects were cured later. I am sure Mr Raju does not want us to serve a defective copy to him… we shared petition with him.”
In his petition, Mr Kejriwal had said his arrest had violated his human rights, and that the Enforcement Directorate had failed to prove the alleged crime. “Arrest without interrogation shows the current action is politically motivated,” Mr Singhvi argued, underlining the AAP’s claim that Arvind Kejriwal’s arrest was timed to disrupt the party’s campaign for next month’s Lok Sabha election.
In response, Mr Raju said the ED sought to file replies on the main matter and on the petition for interim relief. When the court pointed out it had already said it would issue a notice in the former, he said, “On interim relief also, I have the right to file a reply. If I am not entitled to file a reply, then there is no need to hear me. I can’t be deprived of my right to file a reply.”
Mr Kejriwal was arrested by the ED last week in connection with the alleged liquor policy scam that has roiled his AAP and provoked furious protests from the opposition ahead of the 2024 Lok Sabha election. Mr Kejriwal was remanded to ED custody till March 28.
The Enforcement Directorate believes the now-scrapped liquor policy provided an impossibly high profit margin of 185 per cent for retailers and 12 per cent for wholesalers. Of the latter, six per cent – over ₹ 600 crore – were bribes and the money was allegedly used to fund the AAP’s poll campaigns. The ED has labelled the Chief Minister as a key conspirator in this case, but Mr Kejriwal and party colleagues arrested in this matter – ex-Deputy Chief Minister Manish Sisodia, Rajya Sabha MP Sanjay Singh, and former Health Minister Satyendar Jain – have all denied the charges.
In the ED custody, Mr Kejriwal’s health condition is reportedly causing concern. According to officials, Kejriwal, who is a diabetic patient, has been experiencing fluctuating sugar levels. His sugar level went as low as 46, sources said without disclosing when it was measured.
Kejriwal’s wife Sunita addressed a press meeting on Wednesday and said Kejriwal’s health has deteriorated in the ED custody. Stressing that no money was found in multiple ED raids, Ms Sunita said her husband would do a “big expose” on the alleged excise policy scam in court on March 28.
Hopes were pinned on high court’s order today as Kejriwal urged the court to order his immediate release from ED custody as his arrest on the cusp of elections was against the basic structure of the Constitution, “My prayer is release me now,” Kejriwal’s counsel Singhvi told the court which, however, was rejected.
Mr Singhvi alleged that the request to file a response was motivated and a delay tactic. Challenge is to the foundation of arrest and there are several “glaring issues” that need immediate decision by the high court either way, the senior lawyer added. “Democracy itself is involved. Basic structure is involved. Level playing field is involved. Even an hour spent in custody is far too long if arrest is illegal,” Mr Singhvi said.
Delhi cabinet minister Atishi said if President’s Rule was imposed in the national capital in the aftermath of Mr Kejriwal’s arrest, it would be a clear case of “political vendetta.” She said if independent probe had been conducted in excise policy case, BJP would have been an accused. Atishi claimed Mr Kejriwal’s arrest would benefit the AAP electorally in the Lok Sabha polls as the party was getting a lot of sympathy.
“The good thing is that it has benefited us electorally,” she said, adding before the arrest of Mr Kejriwal, the result of Lok Sabha polls was a forgone conclusion as people were of the view that the BJP was going to win. “But after Kejriwal’s arrest, the level of public sympathy has gone up for us. There is just one sentiment that the BJP has gone one step too far. So, I would feel it has benefitted us electorally,” Ms Atishi said.
Meanwhile, the Bar Council of India (BCI) has issued a statement requesting the lawyers to refrain from any protest against Delhi Chief Minister Arvind Kejriwal’s arrest until he was declared innocent. The Aam Aadmi Party’s legal cell had called for a protest by lawyers across all district courts against Mr Kejriwal’s arrest by the ED.
“Let us uphold the integrity and dignity of our noble profession, refraining from any movement until a competent court unequivocally establishes Arvind Kejriwal’s innocence or declares his arrest unjust or unlawful,” the statement issued by BCI president Manan Kumar Mishra said.
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