Supreme Court Questions Timing of Delhi CM Arvind Kejriwal's Arrest Before Elections

The Supreme Court has asked the Enforcement Directorate (ED) to explain the timing of Delhi Chief Minister Arvind Kejriwal's arrest in the excise policy case, which occurred just before the Lok Sabha elections. During a hearing on Kejriwal's plea challenging his arrest, the court emphasized the importance of personal liberty and raised several queries about the case.

Kejriwal's lawyer, Abhishek Manu Singhvi, argued that there was no evidence of proceeds of crime or Kejriwal's direct involvement in the case. He contended that the arrest was illegal, as the ED arrested Kejriwal in March 2024 after the Model Code of Conduct was declared, without any new material to connect him to the alleged offense. Singhvi also highlighted the lack of attachment action taken so far in the case.

The court inquired about the ED's rationale for making the arrest before the general elections and noted the gap between the initiation of proceedings and the filing of repeated complaints. It also asked whether criminal proceedings can be initiated without any adjudicatory proceedings and how Section 19 of the Prevention of Money Laundering Act (PMLA) should be interpreted.

Why this matters: The case has significant political implications, as Kejriwal's arrest comes at a critical time just before the Lok Sabha elections. The Supreme Court's questioning of the timing and circumstances surrounding the arrest highlights the importance of due process and the protection of personal liberty, especially for high-profile political figures.

Kejriwal, who has been in judicial custody since April 1, 2024, faces charges related to the now-scrapped Delhi excise policy. The ED argued that Kejriwal had ignored multiple summonses before his eventual arrest, but Singhvi countered this, stating that a person does not automatically become an accused merely because they have been summoned. The matter is scheduled to be heard again on May 3, with the ED asked to respond to the court's queries. The court's decision in this case could have far-reaching consequences for Kejriwal and the Aam Aadmi Party's electoral prospects in the upcoming elections.

Key Takeaways

• SC questions ED on timing of Kejriwal's arrest before Lok Sabha polls
• Kejriwal's lawyer argues no evidence of proceeds of crime or his involvement
• SC inquires about ED's rationale for arrest before elections, lack of adjudicatory proceedings
• Kejriwal faces charges related to Delhi's scrapped excise policy, has been in judicial custody since April 2024
• SC's decision could have far-reaching consequences for Kejriwal and AAP's electoral prospects