A Delhi court Yesterday (April 10th) dismissed an application moved by Chief Minister Arvind Kejriwal seeking more time with his lawyers. Arvind Kejriwal failed to satisfy the court that he has been using the two permitted legal meetings per week solely for the purpose of discussing the pending litigations with his counsels, the court said.
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NEW DELHI: A Delhi court yesterday rejected a plea by Chief Minister Arvind Kejriwal, who sought additional time to consult with his legal team. The court’s decision came after finding that Kejriwal did not convincingly demonstrate his compliance with the existing allowance of two legal consultations per week, specifically for discussing ongoing legal matters.
Arvind Kejriwal, embroiled in the Delhi liquor scandal, was arrested last month. His legal representation argued that the complexity and number of cases against Kejriwal warranted more than the allocated one hour per week for legal discussions, suggesting that such limited time was insufficient for Kejriwal to fully grasp the details and provide necessary instructions for his defense.
Special Judge Kaveri Baweja of Rouse Avenue court found Kejriwal’s use of the permitted legal consultation time to be unsatisfactory, noting that he did not solely dedicate these sessions to his pending legal issues. Instead, it was observed that the allocated time was being utilized for purposes unrelated to his legal battles.
“Not even utilising the permitted two legal interviews per week solely for discussing his pending litigations and rather used the allotted time for other purposes”.
-Special Judge Kaveri Baweja
Adding to the court’s decision was an Enforcement Directorate report, which revealed that Kejriwal had issued directives intended for the Delhi Water Minister during one of these legal meetings. The court highlighted-
“The status report/note filed by the Investigating Agency indicates that the Applicant had dictated certain directions for being passed on to the Water Minister, to one of his lawyers (whose name he refused to disclose to the Investigating Agency) during the course of a legal meeting.”
This revelation further influenced the court’s ruling, emphasizing that prison regulations concerning meetings and interviews are uniformly applied to all inmates, including Kejriwal. This stance reiterates the principle that no individual, regardless of their status or position, is above the law and the procedural norms established within judicial and correctional systems.
EARLIER IN THE COURT
The Rouse Avenue Court, on April 5th, reserved the order on an application brought forth by Delhi Chief Minister Arvind Kejriwal, wherein he sought a directive to augment the frequency of legal consultations with his attorneys from two sessions per week to five.
In his plea, Kejriwal underscored the mounting legal challenges he faces due to multiple First Information Reports (FIRs) lodged against him across various states, asserting that the current regimen of legal meetings falls short in addressing the substantial workload efficiently.
“Given the multitude of FIRs lodged against me in different states, there is a substantial amount of legal work to be undertaken, warranting a higher frequency of legal meetings,”
-Kejriwal asserted in his plea.
The court proceedings, presided over by Special Judge Kaveri Baweja, culminated in the reservation of the verdict, scheduled for April 9, 2024.
Representing the respondents, Special Counsel Zoheb Hossain opposed Kejriwal’s application, contending that the plea for five legal meetings per week contravenes the Jail Manual.
“As per the manual, only one legal meeting is allowed in a week, with provisions for a maximum of two meetings under special circumstances. The applicant is already availing two legal meetings,”
-stated the authorities in their opposition.
The legal representatives further emphasized the principle of equity, asserting that individuals, even if holding public office, cannot expect preferential treatment while incarcerated.
“If someone chooses to run the government from jail, you can’t be treated exceptionally,”
-remarked the lawyers.
Kejriwal’s judicial custody, which commenced on April 1, 2024, stems from his involvement in the excise policy money laundering case. On the same day, the court issued directives to Tihar Jail authorities to accommodate Kejriwal’s prescribed medication, books, a table and chair, a religious locket, and a specialized diet, adhering to the jail manual.
The Chief Minister’s detention follows his arrest by the Enforcement Directorate on March 21, 2024, concerning allegations of corruption linked to the excise policy case. This unprecedented event marks the first instance in independent India of a serving Chief Minister facing arrest. Kejriwal’s apprehension ensued after he disregarded multiple summons from the investigation agency, totaling nine, deeming them “illegal.”
The case revolves around purported irregularities and money laundering associated with the formulation and execution of the Delhi excise policy 2022, subsequently annulled.
Although Arvind Kejriwal was not initially implicated in the First Information Reports (FIRs) filed by either the Enforcement Directorate (ED) or the Central Bureau of Investigation (CBI) in the Delhi excise policy case, his involvement came to light when his name surfaced in the ED’s chargesheet. According to the agency’s assertions, Kejriwal purportedly engaged in a video call with Sameer Mahendru, a primary suspect, instructing him to persist in collaborating with his co-accused, including AAP communications-in-charge Vijay Nair.
Nair was among the first individuals apprehended by the CBI in 2022 concerning the aforementioned case. Following his arrest, former Deputy Chief Minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were also detained in connection with the ongoing investigation.
Click Here to Read Previous Reports on Arvind Kejriwal
Click Here to Read Previous Reports of Delhi Excise Policy Scam
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