Supreme Court says it will look into Arvind Kejriwal plea, no date fixed

In a setback for Delhi chief minister Arvind Kejriwal, the Supreme Court on Wednesday, 10 April, declined to hear his case challenging the Delhi High Court ruling. The matter will be heard by the Supreme Court on Monday.

It is learnt that the Supreme Court will not constitute a special bench for an urgent hearing on Mr Kejriwal's appeal. According to Supreme Court's calendar, the court is closed for Eid-Ul-Fitr on Thursday, a local holiday on Friday, then comes the weekend. The court will reopen on Monday.

Appearing for Kejriwal, senior advocate Abhishek Manu Singhvi raised the matter before Chief Justice of India DY Chandrachud on Wednesday morning and sought an urgent hearing. The chief justice refused to specify if a hearing will be granted on the same day. "We will see, we will look into it," he said.

Singhvi informed the bench presided by CJI Chandrachud that the high court ruling was based on an “unrelied document which was suppressed” from him. CJI Chandrachud asked him to send an email as is the Standard Operating Procedure (SOP) and that he will look into it “immediately”.

The high court on Tuesday dismissed Kejriwal's challenge to his 21 March arrest by the Enforcement Directorate (ED) in a money laundering case linked to Delhi's now-scrapped liquor policy. The court held that the central agency was left with "little option" after the AAP leader skipped multiple summonses in the money laundering case. It also pointed to the ED's allegation that Kejriwal was actively involved in the use and concealment of alleged proceeds of crime.

The HC said Kejriwal's arrest was not in contravention of law and remand can't be termed "illegal". The bench of justice Swarana Kanta Sharma said the material collected by the ED “reveals Arvind Kejriwal conspired and was actively involved in use and concealment of proceeds of crime”.

In its order, the high court observed that the petition challenged the arrest and said it was in violation of Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA).

The high court added, “The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP". The court highlighted that the ED had mentioned that the "material included statements of hawala dealers, a member of AAP etc". The names are not known.

The high court also noted the ED's submission of statements by approvers (accused turned government witnesses) and an AAP Goa candidate claiming he had been paid with the alleged kickbacks.

The court said the ED had submitted material to suggest that the chief minister was involved in demanding alleged kickbacks of ₹100 crore, some of which was used to fund campaign expenses for the 2022 Goa election.

Appearing for Kejriwal, senior advocate Abhishek Manu Singhvi questioned the timing of the arrest that came just ahead of Lok Sabha elections 2024.

However, the court noted, “The petitioner has been arrested in a money laundering case and the court has to examine his arrest and remand as per law, irrespective of the timing of elections.”

“Level playing field' (before an election) is not just a phrase. It is part of 'free and fair elections' which is part of a democratic structure. This case reeks of timing issues," said Singhvi.

After hearing Singhvi, the high court highlighted that these matters would be addressed during the trial.

“Who gives tickets for contesting election or who purchases electoral bonds is not the concern of the court,” said justice Sharma.

The Delhi High Court, though, noted that Mr Kejriwal would have an opportunity to inspect and question all such documents, but at "the appropriate stage". "... this is not that stage," it said.