Today, On 25th July, The Delhi High Court approved Arvind Kejriwal’s request for two additional meetings with his lawyers while in jail. The Enforcement Directorate (ED) and Tihar Jail had opposed the plea, arguing that no exceptions should be made for Kejriwal when common people are allowed only two legal meetings.
New Delhi: The Delhi High Court approved a plea by jailed Delhi Chief Minister Arvind Kejriwal, allowing him two additional meetings with his legal team while he is in Tihar Jail.
Justice Neena Bansal Krishna granted the order, stating,
“Special situations call for special remedies.”
She noted,
“In recognition of the fundamental right to a fair trial and effective legal representation, the petitioner is granted two additional legal meetings with the counsel through video conferencing each week, while he is confined to jail. The petition is accordingly allowed.”
Kejriwal currently held in Tihar Jail due to a case involving alleged irregularities in the now-defunct Delhi Excise Policy of 2021-22. Both the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) investigating the allegations against him.
Although the Supreme Court recently granted him interim bail in the ED case, he remains in jail for the CBI case.
Kejriwal filed a plea for more meetings with his lawyers during his time in jail. The ED and Tihar Jail opposed the plea, arguing that a common man is only allowed two meetings per week with their legal team, so no exception should be made for Kejriwal. However, the High Court overruled these objections.
The Court observed,
“To confine this fundamental right to a particular case and to insist on an independent application in each case is not only taking a myopic view but would result in a multiplicity of similar relief being asserted in different cases; in fact it can lead to utter confusion if such relief is considered as pertaining to an individual case and not an individual person. To ask the petitioner to move independent applications in each case would lead to delay but may indirectly be denying him the right to effective legal help.”
Kejriwal initially permitted two meetings with his legal team per week while in jail. His plea requested two additional meetings, citing the over 30 cases he faces across the country and suggesting these meetings could be held via virtual conference.
Special Judge (PC Act) Kaveri Baweja previously rejected Kejriwal’s plea, noting he filed a similar plea earlier, which also denied. Kejriwal then approached the High Court against the special court’s order, and the High Court approved his request.
Kejriwal arrested by the ED on March 21 in connection with allegations that a criminal conspiracy was orchestrated by Aam Aadmi Party (AAP) leaders, including Manish Sisodia and others, to manipulate the Delhi Excise Policy to benefit certain liquor sellers.
The investigation agencies claimed that the funds from these activities were used to finance the AAP’s election campaign in Goa. The CBI arrested Kejriwal on June 26 while he was in judicial custody for a money laundering case probed by the ED.
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The Supreme Court granted him interim bail in the ED case on July 12, but he remains in jail as he awaits bail in the CBI case.
Kejriwal represented by Senior Advocate Ramesh Gupta, with advocates Vivek Jain, Mohd Irshad, Rajat Bhardwaj, Karan Sharma, Sadiq Noor, Mohit Siwach, Rajat Jain, and Rishikesh Kumar.
The ED’s representation included Special Counsel Zoheb Hossain and advocates Vivek Gurnani, Kartik Sabharwal, Abhipriya Rai, Vivek Gaurav, and Dipanshu Gaba.
Amit Ahlawat represented Tihar Jail.
Read Order: Arvind Kejriwal v. Dept of Delhi Prisons & Anr.