Arvind Kejriwal bail plea: ED objects, Supreme Court says ‘extraordinary situation’

AAP workers hold up Arvind Kejriwal’s photo during their Lok Sabha election campaign.

The Enforcement Directorate (ED) on Tuesday, May 7, countered the Supreme Court’s suggestion to let Delhi chief minister Arvind Kejriwal, arrested in the excise policy-linked money laundering case, come out on interim bail during the Lok Sabha elections.

The ED argued that it would set a wrong precedent, adding a politician has no better right than an ordinary citizen in the matters of criminal prosecution. “There are around 5,000 cases involving MPs pending across the country at this time. Will all of them be released on bail?”

A bench of Justices Sanjiv Khanna and Dipankar Datta said, “We can’t ignore general elections are being conducted. It’s an extraordinary situation.”

The Supreme Court also questioned the ED over the “delay” in its probe into the case and asked the agency to produce case files before the arrest of the Aam Aadmi Party leader.

The bench also asked the ED to produce case files before and after the arrest of Delhi’s former deputy chief minister Manish Sisodia, who is also an accused in the case.

The bench is hearing arguments on Arvind Kejriwal’s plea challenging his arrest by the ED in the case

Questioning the ED on the time taken to probe the case, the apex court noted that the central probe agency has taken two years to unearth something The bench also asked why relevant direct questions were not put to witnesses and accused in the case.

Additional solicitor general SV Raju, representing the ED, said initially, Arvind Kejriwal was not the primary focus of the investigation, but his involvement became evident at a later stage. Raju highlighted that during the 2022 Goa assembly election, Arvind Kejriwal stayed in a seven-star hotel, with part of the expenses allegedly covered by the Delhi government.

Raju provided a note to the bench, contradicting Arvind Kejriwal’s claim that the probe agency had suppressed the statements of approvers.

Arvind Kejriwal was arrested on March 21 and is currently held in Tihar Jail under judicial custody. The Supreme Court had issued a notice to the ED on April 15, seeking its response to Arvind Kejriwal’s plea against his arrest.

On April 9, the Delhi high court upheld Arvind Kejriwal’s arrest, stating that there was no illegality, and the ED had limited options after he repeatedly ignored summonses and declined to participate in the investigation.

The case revolves around alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-abandoned excise policy for 2021-22.

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