[BREAKING] Why No Bail Plea in Trial Court? SC Asks Kejriwal in Delhi Excise Scam

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The Supreme Court asked Delhi Chief Minister Arvind Kejriwal on why no bail plea was filed in the trial court regarding the excise scam case. Kejriwal, arrested in connection with the alleged scam, faced questioning from the apex court on the absence of a bail application in the trial proceedings.

NEW DELHI: Today (April 29): The Supreme Court questioned Delhi Chief Minister Arvind Kejriwal, who was arrested in connection with a money-laundering case related to the alleged excise policy scam, about the absence of a bail application filed before the trial court. The Aam Aadmi Party’s (AAP) leader’s arrest by the Enforcement Directorate (ED) is being challenged in court.

The Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, is currently hearing the plea filed by Arvind Kejriwal against his arrest by the Enforcement Directorate. The court has raised concerns about the absence of a bail application before the trial court. Senior advocate Abhishek Singhvi, representing Kejriwal, admitted that no bail application was filed, citing various reasons, including the argument that the arrest itself was illegal.

The bench inquired of senior advocate Abhishek Singhvi, representing Kejriwal,

“Did you not file any bail application before the trial court?”

Singhvi responded, “No.”

The bench further questioned,

“Why did you not submit any bail applications?”

Singhvi cited various reasons, including the assertion that

Kejriwal’s arrest was “illegal.”

Arvind Kejriwal was arrested by the ED on March 21 following the Delhi High Court’s refusal to provide him protection from coercive action by the anti-money laundering agency. Presently, the Chief Minister is in judicial custody at Tihar jail in Delhi.

On October 30, 2023, when the ED sent the first summons to Chief Minister Arvind Kejriwal in connection with the money laundering case. Kejriwal was required to appear before the agency on November 2. The ED followed up with two more summonses in December 2023, with the dates for questioning set for December 21 and January 3.

Later, ED lodged a complaint against Kejriwal on February 3, 2024, with a magisterial court due to his repeated non-appearance before the agency. Following this, on February 7, 2024, the magisterial court summoned Kejriwal in response to the ED’s complaint.

In February 2024, the Enforcement Directorate (ED) issued multiple summonses to Kejriwal, scheduling his appearances on February 19, February 26, and March 4. The situation intensified on March 7, 2024, when a magisterial court summoned Kejriwal again based on a new complaint by the ED, alleging that he had ignored the earlier summonses.

The sessions court refused to stay the proceedings against him for missing the summonses on March 15, 2024. However, on March 16, 2024, the magisterial court granted bail to Kejriwal in response to the ED’s complaints after he finally appeared before it.

On March 21, 2024, Kejriwal filed a petition with the Delhi High Court, contesting his arrest by the ED and the trial court’s decision to place him in the agency’s custody. However, on April 9, 2024, the High Court rejected Kejriwal’s plea against his arrest, thereby affirming the actions taken by the agency.

On April 15, the Supreme Court issued a notice to the ED and requested a response to Kejriwal’s plea. Earlier, on April 9, the Delhi High Court upheld the legality of Kejriwal’s arrest in the money-laundering case, stating that the ED had no alternative after Kejriwal repeatedly ignored summonses and refused to cooperate with the investigation.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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