Setback for Kejriwal: Delhi HC refuses to grant interim relief, says duty-bound to hear submissions from ED

The Delhi High Court on Wednesday refused to give any interim relief to Arvind Kejriwal, saying it would be unfair to not give an opportunity to the Enforcement Directorate (ED) to rebut the submissions made by the Delhi Chief Minister. 

Justice Swarana Kanta Sharma observed that any release order will amount to enlarging Kejriwal on bail or interim bail, as an interim measure. “The writ jurisdiction under Article 226 of the Constitution of India is not a ready substitute for recourse to the remedy of bail under Section 439 of the Cr.P.C. ordinarily,” the court was quoted as saying by news agency ANI. 

The bench of Justice Swarna Kanta Sharma said the ED has to be granted an opportunity to file a reply, as an opportunity for effective representation, and declining this opportunity would amount to the denial of a fair hearing as well as a violation of one of the principles of natural justice.

"Thus, the reply by the Directorate of Enforcement is essential and crucial to decide the present case, and therefore, the contention of the learned Senior Counsel for the petitioner that no reply is required to be filed on behalf of the respondent is rejected."

The HC also said it cannot presume that the central probe agency will have no reply to file and will remain bound only by the contentions raised before the trial court.

The court issued a notice to the ED, seeking its response by April 2. Kejriwal, whose ED custody ends on March 28, moved the court raising issues of legality and validity regarding the arrest and remand.

Kejriwal was arrested by the ED on March 21. He was produced before a court, which sent him to ED custody till March 28. Today, India Today reported that the agency will tomorrow press for his further custody.