'Why Before Polls?' SC Asks ED On Kejriwal's Arrest | Highlights

New Delhi: The Supreme Court on Tuesday raised questions regarding the timing of Delhi Chief Minister Arvind Kejriwal's arrest by the Enforcement Directorate (ED) in light of the Lok Sabha elections. “Liberty is exceedingly important, you can't deny that. The last question is with regard to the timing of the arrest, which they have pointed out, just before the general elections.”

Arvind Kejriwal arrest: ED asked to respond on Friday 

Justice Khanna expressed concerns about the “timing” of Arvind Kejriwal’s arrest and urged ASG Raju, representing the ED, to be prepared with a response by Friday. 

Arvind Kejriwal arrest: ‘No evidence against Delhi CM Kejriwal,' says Singhvi in SC

The representative of Delhi CM, advocate Abhishek Singhvi, says, “There is no evidence of use or projection. On September 16, 2022, there were no allegations against Kejriwal. He claims he doesn't know any of these individuals. Five months later, this person is arrested on February 11. He provides four statements.”

“These statements are hidden and omitted by the ED, not included in the prosecution complaint. Just because they made the complaint lengthy, does it make it less incriminating?” Singhvi says.

“There is no evidence that directly implicates me. The association with Vijay Nair is portrayed as if Nair and Kejriwal are synonymous.”

Singhvi highlights Sarath Reddy's statement, stating, "There is a lack of specificity, dates, or addresses. At most, it does not assert that Kejriwal demanded money. It's suggestive. Where is the legal basis here?" 

He adds, "This is a grave matter. These statements were not included in any prosecution complaint. They could have indicated that we are not relying on them... Sarath got bail for his wife's cancer treatment, despite opposition from the ED."

Arvind Kejriwal arrest: ‘Vijay Nair in Nov 2022, Kejriwal in March 2024,’ questions Singhvi 

In the Supreme Court, Abhishek Singhvi, the lawyer for Delhi CM, raises doubts about the timing of arrests, asking, “Did Vijay Nair, on behalf of Kejriwal, receive kickbacks? How does this align with the criteria of projection and use under Section 3? Nair was arrested in November 2022, and I was arrested in March 2024... there's no explanation for why there was no arrest during this period.

Arvind Kejriwal arrest: Everything you need to know about the Supreme Court hearing today 

During the hearing, Abhishek Singhvi, representing Delhi CM Arvind Kejriwal, pointed out that the Sisodia judgment made no mention of Kejriwal.  "Your Lordships summarised the case in the Sisodia judgment, and there was no mention of Kejriwal." In response, Justice Khanna reflected, "Initially, I considered whether I should handle this case since I decided the previous one. Then I realized it might be misconstrued as my reluctance."

Abhishek Singhvi, representing Delhi CM Arvind Kejriwal, presented arguments on the "need for arrest" and the evaluation process of materials. Singhvi asserted, "The term 'proceeds of crime' should be interpreted strictly. Possession of unaccounted property obtained through illicit means may be subject to tax violations, but it does not automatically constitute 'proceeds of crime'."

In the Supreme Court, Singhvi highlighted the exceptional nature of the cases of Kejriwal and Sanjay Singh, stating, "There's no Section 50 statement. If they lacked my Section 50 statement, a significant source of evidence would be unavailable. Not appearing after summons could not be justified as an excuse."

Singhvi, representing Delhi CM Arvind Kejriwal, emphasized the "safeguards provided under the PMLA to prevent unjustified arrests," stressing that the ED is expected to act impartially and fairly. Justice Khanna, responding to Singhvi's arguments, remarked, "The time gap which took place between initiation of proceedings and repeated complaints being filed after some time... 365 days... was the upper limit."

After listening to arguments from Delhi CM Arvind Kejriwal's lawyer, Abhishek Singhvi, regarding the plea in the Supreme Court against his arrest by the ED, Justice Khanna expressed concerns about the "timing" of the arrest, especially considering it was just before general elections. He urged ASG Raju, representing the ED, to be prepared with a response.