The Delhi High Court affirmed that Arvind Kejriwal would stay in jail following his unsuccessful challenge against his arrest on March 21 for an alleged involvement in a liquor policy scam. In response, Kejriwal’s Aam Aadmi Party quickly announced its intention to appeal to the Supreme Court.
The court acknowledged evidence presented by the Enforcement Directorate suggesting Kejriwal’s role in devising the now-defunct policy and his alleged solicitation of kickbacks amounting to ₹100 crore, some of which allegedly funded campaign expenses for the 2022 Goa election.
Additionally, the court mentioned the statements from witnesses and an AAP Goa candidate alleging receipt of kickbacks. Consequently, Kejriwal’s arrest was deemed legitimate, and his plea was dismissed, affirming earlier remand orders that detained him in the custody of the Enforcement Directorate and later in Delhi’s Tihar Jail until April 15.
Notably, Kejriwal’s arrest marks a significant event as he becomes the first sitting Chief Minister to be taken into custody.
Delhi High Court Denies Petition Against Arvind Kejriwal’s Arrest
The court session initially set for 2:30 pm was pushed back to 3:15 pm. During this session, the court disapproved of Mr. Kejriwal’s arguments made on April 3, where he questioned the statements of witnesses who had agreed to testify in exchange for leniency.
The court emphasized that questioning the validity of granting pardon to the accused, in return for information incriminating others, undermines the integrity of the legal process. It sternly reminded that the law in question has been in place for over a century and is not a recent enactment aimed at unfairly targeting the petitioner.
Last week, senior advocate Abhishek Manu Singhvi pointed out a common scenario where individuals initially deny involvement, but later, after being arrested and granted bail, they provide statements against others in exchange for leniency.
There was discussion regarding the Supreme Court granting bail to AAP MP Sanjay Singh, who was implicated in the case. The court highlighted that one of the witnesses did not initially implicate Mr. Singh.
The Delhi High Court acknowledged that Mr. Kejriwal would have the opportunity to review and question all relevant documents but clarified that this stage was not yet appropriate for such actions.
Also Read: AAP Sanjay Singh Released from Tihar Jail After 6-Month
Analysis of Arvind Kejriwal’s Arrest
The court dismissed concerns about the timing of the arrest, which Mr. Kejriwal and AAP claimed was strategically done right before the Lok Sabha election to sideline their senior leaders, including the Chief Minister, and disrupt their campaign plans. They argued that fairness in elections is crucial for democracy, implying that the timing of the arrest was suspicious.
The urgency of the arrest was questioned, with arguments suggesting it was intended to weaken the Aam Aadmi Party before the election even began. However, the court stated that the investigation agency acted independently of the election schedule.
It pointed out that Mr. Kejriwal had been summoned multiple times since October, knowing that the election was approaching, thus indicating his awareness of the limited time for the investigation.
The court emphasized that political motives should not influence legal proceedings. It clarified that the case was between Arvind Kejriwal and the Enforcement Directorate (ED), not a conflict between the central government and Mr. Kejriwal.
Arvind Kejriwal In Tihar Jail
Mr. Kejriwal was moved to Tihar Jail No 2 on April 1, following the ED’s decision not to extend his custody.
The investigation agency argued against his release, citing his lack of cooperation and evasive behavior during questioning. They expressed concerns that his release might lead to tampering with evidence or influencing witnesses.
During his time in jail, Mr. Kejriwal will start his day at 6:30 am along with other prisoners awaiting trial. However, due to his diabetes, he will be provided with home-cooked meals and bottled water to ensure his health is taken care of.
Why Arvind Kejriwal Arrested?
Arvind Kejriwal, along with two associates, including former Deputy Chief Minister Manish Sisodia, has been arrested on suspicion of receiving illegal payments related to a previously cancelled liquor policy.
Authorities suspect that the policy allowed for excessively high profits, with retailers potentially making up to 185% profit and wholesalers 12%. It’s alleged that six percent of wholesalers’ profits were intended as bribes, totaling over ₹600 crore, purportedly used for election expenses.
Despite ongoing accusations, both Mr. Kejriwal and the AAP have consistently denied any wrongdoing, attributing the allegations to a political smear campaign against the Chief Minister, who holds a prominent position in the Indian opposition.
Frequently Asked Questions (FAQs)
Q.1. Why was Arvind Kejriwal arrested?
Ans. Kejriwal was arrested for his alleged involvement in a liquor policy scam, accused of soliciting kickbacks amounting to ₹100 crore.
Q.2. What evidence led to Kejriwal’s arrest?
Ans. The Enforcement Directorate presented evidence of Kejriwal’s role in devising the policy and alleged kickbacks used for campaign expenses.
Q.3. Is Kejriwal’s arrest politically motivated?
Ans. Kejriwal and AAP claim political conspiracy, but the court maintains the case is between Kejriwal and the Enforcement Directorate.
Q.4. What happens to Kejriwal now?
Ans. Kejriwal remains in Tihar Jail until April 15, facing allegations of corruption related to the liquor policy.
Q.5. Will Kejriwal get a fair trial?
Ans. The court emphasizes fair legal proceedings, dismissing claims of timing bias in Kejriwal’s arrest before the election.
