SC Questions ED On Arvind Kejriwal's Arrest Just Before Polls, Seeks Response

NEW DELHI: In a major development, the Supreme Court on Tuesday questioned the Directorate of Enforcement regarding Delhi Chief Minister Arvind Kejriwal's arrest just before the 2024 Lok Sabha elections. The apex court, while responding to a plea moved by Kejriwal against his arrest in the Delhi excise policy case, stated that ''life and liberty are exceedingly important". The top court asked the ED's lawyer to respond to Arvind Kejriwal's query as to why he was arrested just before the Lok Sabha elections. Arvind Kejriwal, who was arrested by the Enforcement Directorate on March 21, has challenged the agency's move.

News Alert ! SC questions ED on timing of Delhi Chief Minister Arvind Kejriwal's arrest ahead of general elections, seeks its reply. — Press Trust of India (@PTI_News) April 30, 2024

"Liberty is very exceedingly important, you can't deny that. The last question is about the timing of the arrest, which they (Arvind Kejriwal's lawyer) have pointed out, the timing of the arrest, soon before the general elections," Justice Sanjiv Khanna told ASG SV Raju.

Justice Sanjeev Khanna told the ED to explain whether the central agency can take up criminal proceedings without having gone through judicial proceedings in the case. The top court noted that in the matter linked to Manish Sisodia, the investigators have claimed they have found material, but in Kejriwal's case, nothing has been brought up. "No attachment action has been taken so far in this case, and if it has been done, then show how Kejriwal is involved in the matter," Justice Khanna said. "Tell me, why the arrest before the general elections?" Justice Sanjeev Khanna asked.

Earlier this month, the Delhi High Court upheld Arvind Kejriwal's arrest, saying the agency had no other option as the former had not been joining the probe. Kejriwal, who has refused to resign as Chief Minister, is lodged in Delhi's Tihar under judicial custody after his arrest on March 21.

The Supreme Court had issued notice to ED on April 15 and sought its response to Kejriwal's challenge against his arrest. 

The Enforcement Directorate has accused AAP leaders including former deputy chief minister Manish Sisodia and others of receiving Rs 100 crore as kickbacks from a group of politicians and businessmen - called South Group -  for making the now-scrapped Delhi liquor policy favourable to their business interests.

Noted lawyer Abhishek Manu Singhvi, who is representing Kejriwal in the Excise Policy case, told the court on Monday that the AAP chief ignoring the agency's summonses can't be a ground for his arrest. 

Singhvi maintained that the central agency has no material required to take away Kejriwal's liberty.