Delhi High Court Dismisses Arvind Kejriwal's Plea Challenging ED Arrest

The Delhi High Court on Tuesday dismissed a plea by Chief Minister Arvind Kejriwal, who is in judicial custody in a money laundering case linked with the alleged excise scam, challenging his arrest.

The court noted that the material collected by the central agency reveals that the Delhi CM conspired and was actively involved in the use and concealment of proceeds of crime.

"The ED was in possession of enough material which had led them to arrest Kejriwal. Non-joining of investigation by Kejriwal, delay caused by him was also impacting those in judicial custody," said Delhi High Court.

The ED case also reveals that he was involved in his personal capacity as well as the convenor of the AAP.

On the timing of his arrest, Justice Swarna Kanta Sharma said,"This Court is of the opinion that the accused has been arrested and his arrest and remand has to be examined as per law and not as per timing of elections...Shri Kejriwal must have been aware of the Lok Sabha dates, he would have known when the elections were to be held..."

On Delhi CM Arvind Kejriwal's plea challenging his arrest by ED dismissed by Delhi High Court, ASG SV Raju, representing the Enforcement Directorate in the Delhi liquor policy case, said, "Today the judge gave the judgement after seeing all the evidence and the court also said that money trail has been found. Court has done justice today and the court said that the arrest of (CM Kejriwal) is legal."

The case revolves around alleged corruption and money laundering related to the formulation and execution of the Delhi government's excise policy for 2021-22, which was subsequently annulled.

Besides his arrest, Kejriwal contested his subsequent detention by the Enforcement Directorate. Following this, he was placed in judicial custody and is currently lodged in Tihar jail. The AAP national convener criticized the timing of his arrest, arguing that it violated fundamental constitutional principles such as democracy, free and fair elections, and a level playing field.

The Enforcement Directorate opposed Kejriwal's plea, asserting that he cannot claim immunity from arrest due to upcoming elections, as the law applies equally to him and ordinary citizens.

Kejriwal was apprehended by the ED on March 21, after the high court rejected his plea for protection from coercive action by the agency. On April 1, following the expiry of his ED custody, he was remanded to judicial custody by the trial court.