The Supreme Court on Monday verbally asked Delhi chief minister Arvind Kejriwal why he has not moved an application seeking bail. A bench, comprising justices Sanjiv Khanna and Dipankar Datta, asked this during the hearing of Kejriwal’s plea seeking release and challenging his arrest by the Enforcement Directorate in the Delhi excise case.
Speaking for the bench, justice Khanna verbally asked senior advocate Abhishek Manu Singhvi, counsel for Kejriwal: “Just out of curiosity, why did you not move the application for bail?”
In response, Singhvi said that “Kejriwal’s arrest is illegal.” Singhvi argued that ED’s “power to arrest is not an obligation to arrest”. He argued that Kejriwal was not even arrayed as an accused or suspect in the charge sheets filed by CBI and ED until the day of his arrest.
He went on to argue that until now, CBI has filed three charge sheets and ED has filed five prosecution complaints (equivalent of a charge sheet) in the case, but Kejriwal has not been named as an accused or suspect anywhere.
On the question of Kejriwal not joining the investigation despite repeated summons issued by ED, Singhvi contended that “non-cooperation cannot be a ground for arrest”. He argued that ED arrested Kejriwal from his residence but did not record his statement under Section 50 of the Prevention of Money Laundering Act (admissible in a court of law).
Singhvi alleged that the prosecution in the case has been unfair and selective in relying on alleged incriminatory statements given by accused-turned-approvers without any independent corroboration of their statements. The hearing will resume on Tuesday.
