Excise ‘Scam’ Case | ED Cannot Object to Arvind Kejriwal’s Medical Requests in Tihar Jail: Delhi Court

Today(on 14th June),A Delhi court addressed Chief Minister Arvind Kejriwal’s medical checkup requests during his Tihar Jail custody for the Delhi excise policy case, directing the Jail Superintendent to respond, including provisions for his wife’s virtual participation and personal health inputs.

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Excise 'Scam' Case | ED Cannot Object to Arvind Kejriwal's Medical Requests in Tihar Jail: Delhi Court

DELHI: Today(on 14th June), A Delhi court addressed Chief Minister Arvind Kejriwal‘s requests concerning his medical checkup while he is in judicial custody at Tihar Jail due to the ongoing Delhi excise policy case. The court directed the Enforcement Directorate (ED) that it cannot interfere with Kejriwal’s medical-related requests.

Vacation Judge Mukesh Kumar instructed the Jail Superintendent of Tihar Jail to respond to Kejriwal’s application. The CM had requested that his wife be allowed to join his medical checkup via video conferencing. Additionally, Kejriwal sought permission to provide his inputs regarding his health condition to the medical board.

When the ED counsel Zoheb Hossain requested more time to respond to Kejriwal’s application, the Court stated-

“The accused is in judicial custody, not ED custody. If he seeks any relief, you are not involved in this matter.”

Hossain urged the Court to call for a report from the jail, so the prison authorities could inform the Court about any issues related to providing video conferencing access to Kejriwal’s wife. However, the Court emphasized that the ED has no role in matters concerning Kejriwal’s medical checkup.

“Hum jail se reply manga lenge par aapka to koi role hai nahi isme (“We will await a response from the jail, but you have no role in this.)”

-the Court remarked.

In response, the ED counsel pointed out previous concerns about Kejriwal’s diet in jail, which necessitated the formation of a medical board.

“Until now, they have not made this request. Therefore, it would not be catastrophic if we are permitted to file a brief reply. We are a significantly interested party in this matter due to the proviso to Section 45 of PMLA.”

-Hossain submitted, referring to the stringent conditions of bail in money laundering cases.

The Court decided to request a report from the jail authorities on Kejriwal’s application. The matter is set to be heard again on Saturday.

Arvind Kejriwal, the National Convenor of the Aam Aadmi Party (AAP) and a prominent political figure in India, was arrested by the Enforcement Directorate (ED) on March 21. The arrest was part of an ongoing investigation into the Delhi Excise Policy for 2021-22, which the authorities claim was manipulated to benefit specific liquor vendors, allegedly to channel funds into AAP’s electoral campaign for the Goa elections.

Excise 'Scam' Case | ED Cannot Object to Arvind Kejriwal's Medical Requests in Tihar Jail: Delhi Court

The allegations against Kejriwal suggest a deep-seated conspiracy to introduce and exploit policy loopholes to aid certain liquor sellers, who, in return, are accused of contributing kickbacks to finance the party’s campaign efforts.

The ED’s probe points to a complex web of financial transactions indicating that money received from these sellers was used for AAP’s campaign activities, thus implicating Kejriwal both personally and in his capacity as the party’s leader in potential money laundering activities.

In addition to Kejriwal, other senior members of AAP have also been ensnared in this investigation. Notably, former Deputy Chief Minister of Delhi, Manish Sisodia, and AAP Member of Parliament, Sanjay Singh, were arrested under similar charges. While Sanjay Singh has since been released on bail, the case continues to cast a long shadow over the party’s leadership.

In response to his legal battles, the Supreme Court had granted Kejriwal interim bail in May, enabling him to participate in the Lok Sabha election campaign. However, his temporary freedom was short-lived, as he returned to custody on June 2 following the conclusion of the bail period permitted by the judiciary.

Amidst these developments, Kejriwal sought a seven-day interim bail on medical grounds, which was subsequently denied by the trial court on June 5. The denial adds another layer of complexity to his legal struggles, as he now awaits the hearing for his regular bail plea, scheduled for June 19.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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