Delhi Chief Minister Arvind Kejriwal was produced in the Rouse Avenue court amid high security. Additional Solicitor General SV Raju represented the Enforcement Directorate while Arvind Kejriwal was represented by a team of three lawyers, including senior advocate Abhishek Manu Singhvi, Vikram Chaudhary, and Ramesh Gupta.

Arvind Kejriwal bail hearing in 10 points

1. The federal agency invoked Section 19 of the Prevention of Money Laundering Act (PMLA) and demanded a 10-day remand of Arvind Kejriwal. The section authorises ED officers to arrest an individual based on the material in their possession and reasonable basis to suspect his/her involvement in an offence punishable under the law.

2. In the remand application, the Enforcement Directorate submitted that Arvind Kejriwal is the “Kingpin” of the Delhi excise scam as he implemented the policy and gave favours to the “South Group.” SV Raju said that the proceeds of crime worth ₹45 crore were used by Aam Aadmi Party (AAP) in the Goa Assembly Elections campaign.

3. “Aam Aadmi Party is a beneficiary but it doesn’t exist individually. It is a company. Every person who is involved in the functioning of the company is responsible and shall be deemed to be guilty,” legal news website Live Law quoted the Additional Solicitor General as saying.

4. While arguing for bail in the matter, Abhishek Manu Singhvi spoke about the draconian provisions of Section 19 of PMLA, which makes bail difficult. The lawyer asked the Enforcement Directorate to show the necessity to arrest Arvind Kejriwal and said, “Power of arrest isn’t equal to the need to arrest.”

5. Abhishek Manu Singhvi said this is the first time in India that a sitting chief minister has been arrested, and the central agency must prove how Arvind Kejriwal is involved in the money laundering case. He also read the Supreme Court’s judgment in the Pankaj Bansal case and said, “Any remanding court is not an automatic rubber stamp. It cannot be.”

6. The senior lawyer asserted that the ED’s case is solely based on the statement of government approvers and if “this is the so-called high principle of Article 21, Article 20 and human rights, then my lords we are like Alice in Wonderland.”

7. Senior advocate Vikram Chaudhary submitted that Arvind Kejriwal responded to all 9 summonses, but the Enforcement Directorate is acting like a “judge, jury and executioner.”

8. Senior Advocate Ramesh Gupta contented that this is the first time in one-and-a-half years that the ED is using the word “kingpin” for Arvind Kejriwal and he is not an accused in predicate offence.

9. While submitting the rejoinder arguments, Additional Solicitor General SV Raju called it a fit case to demand remand as they need to recover the money trail. SV Raju asserted that there is sufficient material that Arvind Kejriwal is guilty of the offence prima facie.

10. After hearing the elaborate arguments from both sides, the court reserved its order for several hours and finally remanded Arvind Kejriwal to six days’ custody of the Enforcement Directorate. 

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Published: 22 Mar 2024, 08:33 PM IST