Supreme Court questions timing of Kejriwal's arrest; ED asked to explain

'Liberty is very exceedingly important, you can't deny that,' said Supreme Court to the Enforcement Directorate on Delhi CM Arvind Kejirwal's arrest

In a courtroom drama that unfolded on Tuesday, the Supreme Court directed its focus towards the Enforcement Directorate (ED), seeking clarification on the timing behind the arrest of Delhi's Chief Minister, Arvind Kejriwal. The fiery exchange came amidst a plea lodged by Kejriwal against his arrest in the Delhi excise policy case, with the apex court asserting that liberty is "very exceedingly important".

"Liberty is very exceedingly important, you can't deny that. The last question is with regard to the timing of the arrest, which they (Arvind Kejriwal's lawyer) have pointed out, the timing of the arrest, soon before the general elections," Justice Sanjiv Khanna told ASG SV Raju.

 

Kejriwal was arrested by the ED on March 21, stirring controversy and raising eyebrows across political circles. The ongoing legal saga saw the Delhi High Court recently upholding Kejriwal's arrest, citing his alleged non-cooperation with the investigative proceedings.

Prior to today's courtroom observation, Abhishek Manu Singhvi, appearing for Kejriwal, alleged that MP Magunta Sreenivasulu Reddy (MSR) was pressured into levelling accusations against Kejriwal, purportedly in exchange for bail for his son, Raghav.

"MSR's sudden change of heart, under duress, led to a false narrative implicating Kejriwal. The sequence of events raises serious questions about the integrity of the investigation," Singhvi said.

Singhvi further highlighted the peculiar timeline of events, juxtaposing Kejriwal's arrest with the earlier detention of his aide, Vijay Nair, in November 2022. 

The ED has accused AAP leaders of receiving Rs 100 crore as kickbacks from a group of politicians and businessmen, called South Group, for making the now-scrapped Delhi liquor policy favourable to their business interests.

On Monday, Singhvi reiterated the fundamental principle of justice, arguing that Kejriwal's alleged disregard for summonses did not warrant his deprivation of liberty.  "You (ED) have to demonstrate the necessity of arrest based on material available with the investigating agency," he said.

"ED's power to arrest is not an obligation to arrest. There must be a reason to believe, there has to be some new material or a link that connects Kejriwal directly or something. They arrested him (Kejriwal) after the model code of conduct was in place. He was neither accused nor suspect till March 2024," he added.