Arvind Kejriwal Arrest: SC Asks Why Delhi CM Didn't Seek Bail Before Trial Court; Read His Response

Arvind Kejriwal Arrest: While hearing the plea moved by jailed Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED), the Supreme Court on Monday asked the AAP supremo as to why he did not approach the trial court for bail. Responding to the query, Kejriwal's counsel, senior advocate Abhishek Manu Singhvi, argued that the arrest was "illegal" and said that the ED is required to demonstrate the "necessity to arrest" on the "materials available" with a "reason to believe" that the accused has been guilty of an offence under the anti-money laundering law.

"We have not filed a bail application because the arrest is 'illegal' and the width of section 19 (of Prevention of Money Laundering Act) is much much wider when the arrest is per se illegal," Singhvi told the bench comprising Justices Sanjiv Khanna and Dipankar Datta. Interjecting, Additional Solicitor General SV Raju, appearing for the State, said Kejriwal did not oppose his subsequent custody. "If initial arrest is illegal, therefore, I (Kejriwal) did not object to subsequent custody," Singhvi responded.

Delhi Excise Policy Case: Kejriwal's Argument In SC

Singhvi further argued that Kejriwal was not named in CBI chargesheets and ED prosecution complaints pertaining to the alleged Delhi excise policy scam till December 2023. "There are three supplementary charge sheets (by CBI) where I am not named," Singhvi said, adding that mere "non-cooperation" of a witness or denial of interim relief by the Delhi High Court for protection from coercive action could not be a ground for arrest.

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'Politically Motivated' Charge Countered By ED

In his latest affidavit filed before the Supreme Court, Kejriwal has termed his arrest politically motivated, claiming that it grants undue advantage to the country's ruling BJP amidst the ongoing Lok Sabha election and compromises the principle of 'free and fair elections'. He portrayed the case as a prime example of the misuse of probe agencies to suppress political opponents, reiterating his stance that the ED's actions were part of a concerted effort to undermine AAP leaders.

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In response to Kejriwal's accusations, the ED filed a counter affidavit asserting that the leader's petition was devoid of merit and his arrest was necessitated due to his "total non-co-operative attitude".The affidavit said that Kejriwal was avoiding interrogation by not remaining present before the investigating officer despite being summoned nine times and while recording his statement under section 17 of the PMLA, he was avoiding answering questions by being evasive and totally non-cooperative. The bench listed the matter for further hearing on Tuesday.

(With inputs from agencies)