Abhishek Manu Singhvi, representing Kejriwal, informed the Supreme Court that he intends to present arguments regarding Kejriwal’s remand directly before the Magistrate during the ED’s presentation of Kejriwal before the Rouse Avenue court in Delhi.
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NEW DELHI: Arvind Kejriwal, the Chief Minister of Delhi, chose to withdraw his plea from the Supreme Court Today, in light of his recent detention by the Enforcement Directorate (ED) concerning the contentious Delhi excise policy case.
The decision to withdraw came after intense speculation and a notably eventful mention session before the Supreme Court earlier that day. Abhishek Manu Singhvi, representing Kejriwal, articulated the strategic retraction to the apex court, highlighting the timing conflict with Kejriwal’s upcoming remand proceedings.
“We are withdrawing the petition here as it is clashing with the remand. We will argue the remand and come back here,”
-Singhvi conveyed, ensuring to inform the Supreme Court’s Registry about the withdrawal.
This legal maneuver followed closely after Kejriwal’s refusal of interim protection from arrest by a division bench of the Delhi High Court, led by Justices Suresh Kumar Kait and Manoj Jain, which stated their position firmly,
“it was not inclined to grant any such protection at this stage.”
The backdrop of Kejriwal’s arrest is a detailed investigation by the ED, originating from an earlier case filed by the Central Bureau of Investigation (CBI) on August 17, 2022. This probe delves into purported malpractices within the Delhi Excise Policy for the fiscal year 2021-22, initiated upon complaints by Lieutenant Governor VK Saxena dated July 20, 2022.
The allegations orbit around a purported conspiracy among members of the Aam Aadmi Party (AAP), notably including the former Deputy Chief Minister Manish Sisodia, alongside other unnamed individuals and entities. The essence of the conspiracy allegedly lies within certain “intentionally” embedded loopholes within the policy, designed to unfairly benefit specific licensees and conspirators post-tender.
This case has already seen significant arrests, including Manish Sisodia and Sanjay Singh, a Rajya Sabha Member from the AAP. Furthermore, on March 15, 2024, K Kavitha, the daughter of Bharat Rashtra Samiti legislator and former Chief Minister of Telangana, K Chandrashekar Rao, was also detained in relation to this ongoing investigation.
Parallel to these developments, Kejriwal’s engagement—or lack thereof—with the ED’s inquiries has been noteworthy. Despite being summoned by the federal agency on nine distinct occasions, the AAP National Convenor has abstained from complying with each call. Kejriwal has vocally criticized these summons, denouncing them as “malicious” and accusing the agency of being a political tool misused by the government, thereby echoing a sentiment of political victimization amidst the unfolding legal drama.
CASE TITLE:
Arvind Kejriwal vs Directorate of Enforcement
Earlier Today
Amidst ED Arrest, CJI declines to Entertain Arvind Kejriwal‘s Plea himself, redirects to Justice Sanjiv Khanna’s Bench. Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal. Made the plea in light of his recent arrest by the Enforcement Directorate (ED) in connection with the now-defunct Delhi liquor policy scam case.
During the proceedings, the CJI directed Kejriwal to approach the bench of Justice Sanjiv Khanna, stating,
“You can go to the bench of Justice Sanjiv Khanna and say I assigned.”
–CJI
This redirection to Justice Khanna’s bench suggests a procedural move in handling Kejriwal’s plea.
A Supreme Court Panel Comprising Justices Sanjiv Khanna, M.M. Sundresh, and Bela M. Trivedi Accepts Kejriwal’s Plea for Hearing.
Senior advocate Abhishek Singhvi, appearing for Kejriwal, mentioned the matter for urgent listing before a bench headed by Chief Justice D Y Chandrachud.
The CJI asked Singhvi to mention his plea before a bench headed by Justice Sanjiv Khanna.
Singhvi then rushed to Justice Khanna’s court and mentioned the matter.
Justice Khanna said Kejriwal’s plea would be heard by a three-judge bench which will assemble in a while.
Kejriwal had moved the Supreme Court late Thursday after the ED arrested him.
Kejriwal’s arrest has sparked considerable attention and controversy, especially considering his prominent political stature as the Chief Minister of Delhi and leader of the AAP. The ED’s actions in connection with the liquor policy scam case have intensified the ongoing legal and political scrutiny surrounding Kejriwal and his administration.
As the situation continues to unfold, it remains to be seen how Kejriwal’s plea will progress before Justice Sanjiv Khanna’s bench and what implications it may have on the broader legal and political landscape.
BACKGROUND OF THE CASE
The Delhi’s Chief Minister Arvind Kejriwal finds himself at the heart of a legal storm surrounding the contentious Delhi excise policy case. As the chief of the Aam Aadmi Party (AAP), Kejriwal has initiated an appeal to the Supreme Court following an adverse decision from the Delhi High Court today, which denied him protection from the Enforcement Directorate’s (ED) actions. This legal challenge underscores a significant confrontation between state authorities and national law enforcement agencies, with broader implications for political and judicial proceedings in India.
The crux of the matter emerged after the Delhi High Court, presided over by Justices Suresh Kait and Manoj Jain, declined to offer Kejriwal protection from “coercive action” by the ED. The refusal has heightened tensions, particularly as the ED asserts pressure, evidenced by their visit to Kejriwal’s residence armed with a search warrant. This development marks a pivotal moment in the excise policy case, which has seen prominent AAP leaders, including Manish Sisodia and Sanjay Singh, placed in judicial custody.
Kejriwal’s plea for an urgent listing and hearing in the Supreme Court signifies his legal team’s strategic response to the High Court’s stance. The case is set against the backdrop of allegations tied to corruption and money laundering in the formulation and implementation of the Delhi government’s excise policy for 2021-22—a policy that has since been withdrawn.
During the High Court proceedings, Additional Solicitor General SV Raju underscored the gravity of the situation with his remark,
“It is already over. Time is over. He is not attending.”
Raju’s statement reflects the judiciary’s frustration with Kejriwal’s non-compliance, suggesting that those “who flout the law” should not expect leniency.
In defense, Kejriwal’s attorney, Abhishek Manu Singhvi, articulated concerns over the timing and nature of the legal challenges faced by the Chief Minister. Singhvi argued that the imminent threat of arrest and the perceived attempts to destabilize AAP’s position ahead of general elections represent a concerted effort to undermine democratic fairness. He stated,
“There was no necessity to apprehend him after several charge sheets have already been filed before the trial court.”
The legal battle extends beyond the individual predicaments of Kejriwal and his party members; it encompasses broader themes of governance, accountability, and the intersection of law and politics. The ED’s allegations suggest a direct connection between Kejriwal and the formulation of the controversial excise policy, adding layers of complexity to an already convoluted case.
As this legal drama unfolds, all eyes are now on the Supreme Court, awaiting its decision on whether to grant Kejriwal the protection he seeks. The outcome of this legal entanglement could have far-reaching consequences, not only for the individuals involved but also for the principles of justice, transparency, and political integrity in India. With the general elections on the horizon, the stakes could not be higher for Kejriwal, the AAP, and the Indian democratic process at large.
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