The Delhi High Court will at 4 pm today pass orders in Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal's plea against Arrest in a money laundering case related to the Delhi Excise Policy scam. Kejriwal is currently in ED's custody till March 28.

At the outset, Additional Solicitor General (ASG) SV Raju, on behalf of ED, submitted, "We have been asking for copy of this Petition right from the starting, 24th, 25th in writing. They did not give us, they gave us only yesterday. It's a bulky petition running into 500 pages. We want time to file a reply. Both to the Petition and the Interim Relief (IR) that is separate application. Despite us sending mails, to give us copies, they deliberately have delayed it and given to us at the last moment, yesterday. We want to file a reply and point out several things which have been missed out and several submissions are required to be made in our reply. As far as the main matter is concerned the request is that we may be given three-weeks time. As far as the interim relief is concerned, we may be given time so that we can file a reply."

Senior Advocate Abhishek Manu Singhvi appeared for Kejriwal and contended, "The first point is- on the face of it strange and a motivated point because for a person in jail, before the Petitioner's counsel opens, somebody is arguing this." Responding to the allegation of delay in supplying a copy of the plea, Singhvi submitted, "Defects were notified to us on 26th that is, yesterday at 11:30. I am sure Mr. Raju did not want me to serve upon a defected copy."

The Senior Advocate for Kejriwal submitted that their (ED's) entire case is based on the ground of arrest; there is absolutely nothing to file a reply to. He submitted that there is an absolutely motivated attempt to delay matters. "I am, with great respect, opposing this course of action. For the following reasons:. I have challenged the remand, which ends tomorrow. I am asking your Lordships to decide the root, fundamental position of the basis of the arrest and the remand. That requires no reply from anyone," he submitted.

Singhvi contended that this is a matter in the realm of criminal law, this is a vital matter as it impinges directly on the basic structure. He argued, "It is not that I am talking of anybody in politics being superior or having a special status, what I am saying is that a sitting Chief Minister, who is arrested... before elections after the Model Code of Conduct."

"This arrest post Model Code of Conduct is to disable a person...give a body blow to the Party concerned so that the Party disintegrates. The question is the timing. Look at the timing...between these summons, in six months. No Section 50 statement is recorded, and the arrest is made without it," he argued. "The object is to disable me and my party politically," Singhvi submitted. He prayed for Kejriwal's release today as an interim measure. Singhvi insisted that no reply is required to be filed in the plea.

To this, Justice Swarana Kanta Sharma said, "I understand that your client is in jail, but I will have to issue notice and get their reply."

Senior Advocate Vikram Chaudhari, also appearing for Kejriwal, submitted, "In a matter of illegal arrest, Your Lordships has always said the records speak for themselves and if it is justifiable from the record. My Lord! It is fine, if it is not justifiable, then your lordship will set it aside. The reply, etc., is not.."

"I am very sure of one thing. I am going to issue the notice, though for a very short time, and as far as the interim order is concerned, as you said on the release, I can hear you and decide it," the Court clarified.

Singhvi submitted that, as per Section 19 of the Prevention of Money Laundering Act (PMLA), all the conditions must be satisfied. He argued on the lack of necessity to arrest Kejriwal. He argued that the first summons was issued to Kejriwal 20 months after the ED registered the case. Singhvi argued that, according to the ED, custodial interrogation is needed because of non-cooperation. "What is it that you could not have done without my arrest?" he argued.

Singhvi contended that there is no necessity of arrest in the present case. "In totality, the statements cannot be the basis for arrest," he argued. He submitted that there had been no corroboration. "This is a remarkable case. Not a single corroboration," he submitted. Singhvi, while concluding his submissions, argued that this is a matter where democracy itself is involved and basic structure is involved.

Opposing the plea, ASG Raju contended, "My first submission is that I will need time to file a reply. Elaborate submissions have been made." Raju submitted, "I even need time to file reply to their Interim application." Referring to the Interim application, Raju submitted that one of the prayer sought in the main Writ Petition is the same. He further contended that if the interim application is decided, the main Petition will become redundant.

Taking note of the submissions, the Court said that the Order will be passed at 4 pm today.

Pertinently, on March 22, Kejriwal was granted a 6-day remand to the ED. Kejriwal was produced in the Trial Court shortly after he withdrew from the Apex Court his writ petition against his arrest by the ED. While withdrawing the plea, Senior Advocate Abhishek Singhvi had told the Supreme Court that they wanted to contest ED's prayer for remand before the Trial Court.

The AAP had first moved the Apex Court on Thursday (March 21) late in the evening after the ED arrested Kejriwal. The agency took him to its headquarters in Central Delhi. The Delhi CM's legal team attempted to get a late night hearing from the Supreme Court. However, no special Supreme Court Bench was set up on Thursday night to hear the CM's plea challenging his Arrest.

The Arrest of the first sitting Chief Minister came hours after the Delhi High Court refused to grant protection to the AAP national convenor from any coercive action by the agency.

Cause Title: Arvind Kejriwal v. Directorate of Enforcement [W.P. (CRL)-985/2024]

Justice Swarana Kanta SharmaDelhi High CourtAam Aaadmi Party

Sukriti Mishra