Delhi Chief Minister Arvind Kejriwal on Wednesday approached the Supreme Court after the Delhi HighCourt rejected his arrest plea in the Enforcement Directorate’s arrest warrant in the excise case.
Mentioning the petition in the Supreme Court, senior advocate Abhishek Manu Singhvi said, “This is an urgent mention by the Delhi Chief Minister. The arrest is based on a document which was not reliable and which was hidden from us.”
In response, CJI Chandrachud denied to hear the petition on an immediately basis and did not specify whether the matter would be heard today.
During the hearing, the CJI said, “Please send an email, we will look into it.”
High Court’s Judgement denying relief
A bench headed by Justice Swarna Kanta Sharma said on Tuesday that Kejriwal had collected the dismissals at the Aam Aadmi Party (AAP) national convention.
In a major setback to his case, the court also said that a federal agency had collected the material, revealing that Kejriwal was associated with others in alcohol politics in a scam.
“The ED case also reveals that he was involved both personally and with the convener of AAP,” the court said.
The High Court noted that no one, not even the Chief Minister, can have any special privileges.
Furthermore, it stated, “This court believes that the accused has been detained, and that his arrest and remand should be reviewed in accordance with the law, not in accordance with the timing of elections.”
The High Court stated that Kejriwal’s criticism of the ED’s lack of malice in scheduling the arrest prior to the general elections is “not sustainable.”
It was stated that disparaging the pardon and approver processes is akin to challenging the judge’s legitimacy. “We maintain that the law, not politics, should govern judges”.
The HC stated that legal principles, not political factors, should guide judgments.
The ED countered in the High Court on Tuesday, stating that Mr. Kejriwal’s detention and subsequent remand were the inevitable results of a laborious investigation.
The agency notified the High Court that the arrest procedure was lawfully conducted, as represented by Additional Solicitor General S.V. Raju. The written justification for Mr. Kejriwal’s arrest was provided.
Mr. Kejriwal was referred to by the agency as the mastermind and principal conspirator of the Delhi excise “scam.”
The Enforcement Department (ED) asserted that he was a part of the plot to create the excise policy and that he demanded bribes from liquor industry executives in return for favors in the policy.
According to the ED, Vijay Nair accepted Rs.100 crore in kickbacks from the “South Group” on behalf of Mr. Kejriwal and the AAP.
Arun Pillai, Buchi Babu, and Abhishek Boinpally represented the “South Group.” The ED had contended in the High Court that Mr. Boinpally had enabled the money transfer in a conspiracy with Vijay Nair and his associate Dinesh Arora.
According to the Central agency, the members of the “South Group” were able to take over M/s Indo Spirits, a wholesaler, as well as retail zones, Pernod Ricard, and even the L1 license, which was given in spite of numerous complaints and violations of Excise Policy 2021–22.
As to the current inquiry, around Rs.45 crore has been obtained from the crime, a portion of which was paid as bribes to the “South Group.” The funds were utilized in the Goa election campaign of the AAP in 2021–2022.
