Supreme Court reviews AAP MP Sanjay Singh’s arrest in Delhi liquor policy case; Singh seeks bail in the money laundering case from Delhi High Court.
The arrest of Aam Aadmi Party (AAP) MP Sanjay Singh, associated with the contentious Delhi liquor policy case, is under active scrutiny by the Supreme Court. This case has captured the public’s attention, emphasizing the delicate interplay between the mechanisms of law enforcement and the realm of political maneuvering in India. The situation sheds light on the challenges of navigating legal controversies amid political implications, reflecting on the broader issues of governance and justice in the country.
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A bench led by Justices Sanjiv Khanna and Dipankar Datta is actively scrutinizing the arrest of Aam Aadmi Party (AAP) MP Sanjay Singh. This follows Singh’s appeal against a Delhi High Court decision that rejected his plea to overturn the arrest. The Supreme Court’s involvement began in November of the previous year when it agreed to examine Singh’s special leave petition.
Senior Advocate Abhishek Manu Singhvi, representing Singh, strongly criticized the Enforcement Directorate’s (ED) arrest, deeming it “void ab initio”(null and invalid from the beginning) or fundamentally flawed. Singhvi’s argument centers on Section 19 of the Prevention of Money Laundering Act, 2002, which mandates procedural safeguards. These safeguards include providing a written rationale for the arrest and informing the accused of the grounds for arrest, aiming to prevent arbitrary enforcement actions.
The Supreme Court, in deciding to send a notice, told Singh to apply for regular bail. They suggested that seeking bail wouldn’t stop him from taking legal steps against supposed violations of his rights under the Prevention of Money Laundering Act or the Code of Criminal Procedure.
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In another legal step, Singh asked the Delhi High Court for bail in the money laundering case last month. Justice Swarana Kanta Sharma sent a notice regarding his application and asked for the Enforcement Directorate’s response. In a recent Supreme Court hearing, Additional Solicitor General SV Raju mentioned that the High Court had finished discussing verbally and was waiting to give its decision. This suggests that the Supreme Court might delay its own hearing to consider the High Court’s decision.
The issue started with Delhi’s government changing its liquor policy in 2021 to make more money. But, the policy was canceled due to claims of not following the rules. The Lieutenant-Governor Vinay Kumar Saxena ordered an investigation. Now, the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) say there was corruption and a plan to unfairly help private companies. This has involved several people, including former Deputy Chief Minister Manish Sisodia.
Sanjay Singh, involved in the controversy, was arrested by the Enforcement Directorate (ED) on October 4 after searches at his residence. The accusations revolve around the receipt of significant amounts of money at his home, allegedly connected to the liquor policy scandal. Despite Singh’s claim of political motives behind the case, the Delhi High Court, led by Justice Sharma, emphasized the need to avoid interference in the ED’s investigative processes. Justice Sharma pointed out the absence of substantial evidence supporting allegations of political bias.
“Your Lordships had asked them to apply for regular bail. They have applied and the hearing has taken place. The order may come out in a couple of days. So the hearing of this petition may be adjourned for a week.” – Additional Solicitor General SV Raju
“Re-list on March 5, 2024.”
– Justice Sanjiv Khanna
“My Lords had said to also file for regular bail, saying that it will not be held against me when I come for this…”
– Senior Advocate Abhishek Manu Singhvi
“No no, we will not. Dr Singhvi, I remember.”
– Justice Sanjiv Khanna
As the legal proceedings progress, the decisions of the Supreme Court will be closely scrutinized for their far-reaching implications on law enforcement practices, political accountability, and the broader discourse on justice and governance in India.
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