Delhi HC Denies Interim Protection to CM Kejriwal in ED Case

The Delhi High Court declined to provide Chief Minister Arvind Kejriwal interim protection from coercive action in a money laundering case related to an alleged liquor policy violation. A division bench, comprising Justices Suresh Kumar Kait and Manoj Jain, refused to pass orders at this juncture, granting liberty to the Enforcement Directorate (ED) to respond to Kejriwal's plea seeking interim relief.
Senior Advocate Abhishek Manu Singhvi represented Kejriwal, arguing against the ED's summons. He emphasized that the timing of the summons, amidst impending elections, hinted at a biased approach. Singhvi contended that the ED must justify the necessity of arrest rather than exercising its power arbitrarily.
However, the Additional Solicitor General SV Raju, representing the ED, opposed granting interim relief, asserting that the law should apply uniformly to all individuals, irrespective of their status. He clarified that Kejriwal was summoned in his personal capacity, not as the Chief Minister or Aam Aadmi Party Chief.
During proceedings, the court observed that Kejriwal's plea challenging the summons' legality is under scrutiny for maintainability. Raju argued against hearing Kejriwal's application for interim relief until the maintainability of his primary petition is established.
Singhvi reiterated that Kejriwal's involvement, if any, would be in his capacity as the Aam Aadmi Party's convenor, rejecting any personal culpability. He emphasized the necessity of a level playing field in democratic processes.
This development follows ED's filing of two criminal complaints against Kejriwal for alleged non-compliance with summons. Kejriwal contends the summons are illegal and has offered to be questioned via video conferencing after March 12. Meanwhile, AAP leaders Manish Sisodia and Sanjay Singh have been arrested in the same case and are in judicial custody.
The allegations center around a purported conspiracy to grant undue profits to select private companies under the guise of an excise policy. The ED alleges that individuals, including Vijay Nair, acted on behalf of Kejriwal and Sisodia in orchestrating this conspiracy.
As the legal battle unfolds, the Delhi HC's decision marks a pivotal moment in the ongoing controversy surrounding Kejriwal and the ED's investigation into alleged financial irregularities.