The Supreme Court will hear the matter today whether Delhi Chief Minister Arvind Kejriwal will get interim bail in the money laundering case related to liquor scam or not. The bench of Justice Sanjeev Khanna and Justice Dipankar Dutta will hear this petition. Kejriwal has challenged his arrest in the Supreme Court. In his petition, he has described the arrest as illegal.
Earlier, this case was heard in the Supreme Court on May 3. The Supreme Court had said that in view of the Lok Sabha elections, whether Kejriwal should be granted interim bail or not, it would be considered on May 7. Delhi Chief Minister Kejriwal was arrested on March 21 by the Enforcement Directorate (ED) in the liquor policy case and he is lodged in Tihar Jail since April 1.
What happened in the May 3 hearing?
The apex court had said on May 3 that it may consider granting interim bail to Kejriwal in view of the ongoing Lok Sabha elections. Kejriwal’s petition challenging his arrest was heard in the Supreme Court for about two hours. Abhishek Manu Singhvi appeared on behalf of Kejriwal and ASG SV Raju appeared on behalf of ED. Lawyers from both sides presented their respective arguments.
Singhvi said that there is no evidence against the Delhi Chief Minister and his arrest is illegal. Kejriwal had responded to all the 9 summons of ED. Failure to appear before the investigating agency cannot be a basis for arrest. At the same time, lawyer Raju, appearing for the Enforcement Directorate, had given the basis for Kejriwal’s arrest.
He said that the decision to arrest Kejriwal was not only taken by the investigating agency but was also taken by a special judge. Raju said that Kejriwal had also challenged his arrest in the High Court but his petition was rejected there.
The court had asked these questions
During the hearing, Justice Sanjeev Khanna asked whether ED has initiated any case against Aam Aadmi Party? Singhvi replied- No. Justice Sanjeev Khanna asked- Will AAP be made an accused in future? Singhvi said that but this does not mean that Kejriwal should be arrested. Justice Sanjeev Khanna termed Singhvi’s argument wrong and said that the person in charge will be held responsible. Can it be assumed that an arrest has been made under Section 70?
Singhvi said- My argument is that just because of the name of the company, its MD cannot be arrested. On this, Justice Khanna said that if a person is in-charge of a company, if his company commits any crime then its in-charge will also be responsible.
Kejriwal is under lockdown in Tihar since April 1.
Delhi CM Arvind Kejriwal was arrested on March 21 in a money laundering case related to the liquor scam. On March 22, he was presented in Rouse Avenue Court. The court sent him on ED remand till March 28. Then his remand was extended till 1 April. On this day he was sent to jail. During this time, the court extended his judicial custody till April 15. Nine summons were sent to Kejriwal in the liquor scam but he never appeared before the investigating agency.