Big setback to Arvind Kejriwal: Delhi HC turns down CM's plea seeking protection from arrest by ED

The Delhi High Court on Thursday turned down Chief Minister Arvind Kejriwal's plea, seeking protection from arrest by the Enforcement Directorate (ED). Kejriwal had filed a plea seeking protection from coercive action in Delhi's excise policy-linked money-laundering case.  

Additional Solicitor General (ASG) SV Raju, who appeared for the ED, said, "The petition is not maintainable that was our main ground. And according to us, it's not maintainable, it's a desperate attempt for him to file the petition. Delhi HC stated that we are not inclined to grant an interim relief."

This morning, the HC asked the central probe agency to show all the proof it has against the chief minister. After examining the material provided by the agency, the court refused to grant any interim protection from coercive action to Kejriwal, who fears that he might be arrested by the ED.  

Kejriwal has, so far, skipped nine summons by the agency, which wants to question him about the alleged Delhi liquor scam. The ED recently arrested BRS leader K Kavitha, saying she had conspired with Kejriwal and Manish Sisodia for favours through the new excise policy. 

During the hearing, the High Court asked ASG SV Raju: "What prevented you (ED) from arresting him, why are you issuing summons back to back?" To this, Raju said: "We never said that we are going to arrest. The power is there. You come join the investigation, we may or may not arrest you."

Seeking no coercive action, senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, submitted that summons issued under Section 50 did not even reveal as to whether the person summoned was a witness or suspect or accused. "I have apprehension that my arrest would be for political purposes," Singhvi said.

In a statement, the ED said that Kavitha conspired with the top leaders of AAP, including Arvind Kejriwal and Manish Sisodia to get favours in the Delhi Excise policy formulation and implementation. "She was involved in paying Rs. 100 Crore to the leaders of AAP." 

The agency also claimed that a continuous stream of illegal funds in the form of kickbacks, from the wholesalers was generated for the AAP. "Kavitha and her associates were to recover the proceeds of crime paid in advance to AAP and to further generate profits/proceeds of crime from this entire conspiracy."