Delhi Excise Policy Scam: No interim relief to release CM Arvind Kejriwal who is under ED’s custody, Delhi High Court to hear matter on April 03
On March 27, 2024, the Delhi High Court declined any relief to Chief Minister Arvind Kejriwal and issued notice on a plea against his arrest by the Enforcement Directorate. The bench refused to pass any interim order to release CM Kejriwal who is under ED’s custody in connection with a money laundering case related to the Delhi Excise Policy scam. During the proceedings, Justice Swarana Kanta Sharma heard the matter and fixed April 03, 2024, for the next hearing in this case. Additional Solicitor General SV Raju appeared for the ED and submitted that the counsel appearing for CM Kejriwal did not give the agency a copy of the petition. He added, that the petition was given at the last minute and argued that “it is the right of the Directorate of Enforcement to file a reply and to be heard before passing any order.” Further, ASG prayed “he be given time to file a reply to the main petition as well as the application for grant of interim relief.” Justice Sharma said, “Any order passed in the application for interim release of petitioner (CM), pending disposal of the main petition without calling for reply of the respondent (ED), at this stage, would rather amount to deciding the main petition itself.”
On the contrary, Senior Advocate Abhishek Manu Singhvi who appeared for CM Arvind Kejriwal argued that the matter did not require any replies and submitted that the main challenge was to remand itself. It also said that “Arrest without interrogation shows the current action is politically motivated.” After hearing the matter, the Delhi HC opined, “The Court while hearing and deciding a case is duty bound to hear both sides fairly keeping in mind the principles of natural justice. Thus, the reply by the Directorate of Enforcement is essential and crucial to decide the present case, and therefore, the contention of the learned Senior Counsel for the petitioner that no reply is required to be filed on behalf of the respondent is rejected.” it added, “It will be unfair to not give an opportunity to the Directorate of Enforcement to rebut the same by way of filing of a detailed response.” The HC issued notice on a main writ petition and application for a grant of interim relief returnable on April 03, 2024. Further, it ordered, “The Directorate of Enforcement will ensure that replies are filed to the main petition as well as the application for interim release of the petitioner by 02.04.2024 and copies of the same are provided in digitized form as well as hard copy to the learned counsel for the petitioner.” The HC further said that the application and the main petition will be taken up for final disposal on April 03, 2024.
