GUWAHATI: The Supreme Court of India on Monday heard arguments from senior advocate Abhishek Manu Singhvi, representing Delhi Chief Minister Arvind Kejriwal, in connection with his arrest by the Enforcement Directorate (ED) in the Delhi Liquor Policy case. Kejriwal's petition challenges his arrest by the ED, arguing that it was illegal and constituted an "unprecedented assault" on the principles of democracy, specifically the right to free and fair elections.
The Supreme Court Bench, comprising Justices Sanjiv Khanna and Dipankar Datta, heard Singhvi's arguments, who highlighted that the arrest was made immediately after the announcement of Lok Sabha elections and the implementation of the Model Code of Conduct. Singhvi contended that there was no "new" evidence to warrant Kejriwal's arrest and that the action was unjustified, suggesting it was influenced by the political context.
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Singhvi presented several arguments to support his claim of wrongful arrest. He pointed out that Kejriwal was not mentioned in the original CBI FIR or the ED's Enforcement Case Information Report (ECIR) related to the liquor policy case. Moreover, he stated that the timing of the arrest—coinciding with the announcement of the Lok Sabha elections—raised questions about the ED's motive.
During the hearing, Singhvi also argued that the ED's reliance on statements taken from witnesses, particularly from Sarath Reddy, who had not previously mentioned Kejriwal in nine statements, was questionable. He emphasised that Reddy's eventual incriminating statement came after he received bail and became an approver, which raised doubts about its credibility.
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The Bench asked Singhvi if Kejriwal had filed a bail application before the trial court, to which he replied that the current petition is challenging the legality of the arrest, not seeking bail. Singhvi stressed that the Prevention of Money Laundering Act (PMLA) sets a high threshold for arrest, which was not met in Kejriwal's case.
The Court directed the matter to be listed for hearing on Tuesday.
