The Delhi High Court on Wednesday gave time to the Enforcement Directorate to file a reply on Delhi chief minister Arvind Kejriwal’s interim plea seeking release from the custody of the federal agency.
Justice Swarana Kanta Sharma gave the ED time till April 2 to file the reply and slated the next hearing on April 3.
The High Court also issued a notice on Kejriwal’s main petition as well as application for interim relief. It noted that the grounds raised in the main and interim pleas were similar.
Additional Solicitor General SV Raju appearing for the ED submitted that Kejriwal’s counsel had shared the petition with the agency at the last minute, and the Enforcement Directorate needed to file a reply and point out certain facts.
Kejriwal urged the Delhi High Court to order his immediate release from ED custody in connection with a money-laundering case linked to the alleged excise policy scam, contending that his arrest on the cusp of elections was against the basic structure of the Constitution.
Senior advocate AM Singhvi, appearing for the AAP leader, argued that the “Object of the arrest was not to find material but to disable me and my party. My prayer is, release me now”.
Singhvi further claimed that there was no “necessity” to arrest Kejriwal, as mandated under the Prevention of Money Laundering Act, and that the grounds of “non-cooperation” were the most abused by the Enforcement Directorate (ED). Justice Swarana Kanta Sharma orally said she would issue a notice on the petition and grant time to the ED to file a reply to it, stating that she would pass an order in the matter and upload it later in the day.
Singhvi urged the court to grant interim relief in the meantime to the Delhi CM by ordering his release. ASG Raju, appearing for the agency, said the “bulky” petition was served upon them only on Tuesday, and three weeks’ time should be given to bring their stand on record.
For interim relief as well, appropriate time should be given to respond, he said. Singhvi alleged that the request to file a response was motivated and a delaying tactic.
The challenge is to the foundation of arrest and there are several “glaring issues” that need immediate decision by the high court either way, the senior lawyer added. “Democracy itself is involved. Basic structure is involved. Level playing field is involved. Even an hour spent in custody is far too long if arrest is illegal,” Singhvi said.
The Aam Aadmi Party (AAP) national convener, who has sought his immediate release on account of the arrest and the subsequent remand to ED, was arrested on March 21 and subsequently remanded to the agency’s custody till March 28 by a Delhi court.
On Friday, the trial court remanded Kejriwal in the ED’s custody till March 28 “for his detailed and sustained interrogation”.
The ED arrested Kejriwal hours after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency. The case pertains to the alleged corruption and money laundering in formulating and executing the Delhi government’s excise policy for 2021-22, which was later scrapped.
(With PTI inputs)
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