• Source:JND
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Arvind Kejriwal Arrest ED:  In a setback to Chief Minister Arvind Kejriwal, the Delhi High Court on Tuesday rejected his plea against arrest by the Enforcement Directorate (ED) and his subsequent remand to the probe agency. While rejecting his petition, the Court noted that the arrest made by the central probe agency was 'valid.' Justice Swarana Kanta Sharma, who pronounced the order, also observed that Kejriwal was the key conspirator in the Delhi Excise Policy case, and was actively involved in the "use and concealment of proceeds of crime".

Delhi High Court made these observations while dismissing Kejriwal's plea-

Question of Kejriwal's arrest validity

On the question of whether the arrest was valid or not, the High Court relied on the materials and evidence produced by the Enforcement Directorate. Justice Sharma said that materials produced by the probe agency point to Kejriwal being a part of the conspiracy and his active involvement in the use and concealment of proceeds of crime. The court observed that the ED case also discloses that Kejriwal was involved in his capacity as well as the convenor of the Aam Aadmi Party.

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The court noted that Kejriwal played a role in shaping the excise policy and utilised proceeds of crime. It also stated that he allegedly participated in soliciting kickbacks.

Approvers' statements

The court mentioned that in this case, some statements, including those of Raghav Magunta and Sarath Reddy, were recorded as approver statements under PMLA and Section 164 of the CrPC. So, questioning the way these approver statements were made would be like doubting the Court and the judge.

The bench also noted that the law about approvers has been around for over 100 years and it's not reasonable to suggest it was made just to frame Arvind Kejriwal.

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Kejriwal's arrest timing

Delhi HC said that the Chief Minister of Delhi Arvind Kejriwal was arrested in a money laundering case and therefore, irrespective of the timing of arrest, the judiciary has to examine his arrest and remand as per the law which is stated in lawbooks.

The court stated that Kejriwal's objection to the timing of his arrest just before the national elections, without any malafide intentions from the ED, is not valid. The high court mentioned that Kejriwal should have been aware that the Lok Sabha elections were imminent.