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Kejriwal Takes Legal Fight to Supreme Court After Delhi HC Upholds Arrest


Kejriwal

Delhi Chief Minister Arvind Kejriwal has escalated his legal battle by filing a plea in the Supreme Court, challenging the Enforcement Directorate's (ED) arrest in the controversial Delhi Liquor Policy case. After his plea was dismissed by the Delhi High Court on April 9, 2024, Kejriwal is now seeking an urgent hearing in the apex court, with the petition likely to be mentioned before the Chief Justice of India on April 10, at 10:30 AM.


The plea comes as a direct challenge to the High Court's affirmation of Kejriwal's March 21 arrest and subsequent judicial custody. The High Court judgment, delivered by Justice Swarana Kanta Sharma, found the material presented by the ED compelling enough to suggest Kejriwal's involvement in the alleged excise policy manipulations. Citing evidence such as approver statements and financial transactions, the High Court supported the enforcement agency's claim that Kejriwal played a pivotal role in formulating the policy and engaging in unlawful monetary practices.


The verdict read by Justice Sharma stated that Kejriwal "conspired and was involved in formulation of excise policy" and used illegal proceeds, with indications of his personal engagement in policy formulation and demands for kickbacks. The court held that Section 70 of the Prevention of Money Laundering Act (PMLA), which penalizes offenses by companies, was applicable, implicating every individual responsible for the conduct of business at the time of offense.


Justice Sharma dismissed Kejriwal's objections to the credibility of the approver's statements, noting that these were recorded under judicial supervision and not solely by the ED.


Kejriwal, initially arrested on March 21 after the High Court denied him interim protection, had momentarily approached the Supreme Court the following night but retracted to address the remand application with the trial court. Despite resisting the remand, he has been in custody, with his judicial custody recently extended until April 15.

The ED charges Kejriwal as the mastermind behind the alleged liquor scam, with purported evidence supporting allegations of money laundering. In a related development, while AAP leaders Manish Sisodia and Sanjay Singh are also implicated, Singh has been granted bail by the Supreme Court.


Concurrently, the Delhi High Court has dismissed two out of three public interest litigations seeking Kejriwal's removal from office, with the third set for hearing on April 10.



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