Kejriwal's Legal Battle: ED Custody, Court Drama, and Political Turmoil

The high court denied immediate relief to Mr Kejriwal and sought the ED’s reply on his plea challenging his arrest in a money laundering case related to the now-scrapped excise policy by April 2.

Justice Swarana Kanta Sharma issued notice in both the applications for interim relief as well as the main writ petition and listed the matter for April 3. The court said the application as well as the main petition will be taken up on the next date of hearing.

In its 10-page order, the high court observed that the plea “raises several issues of legality and validity regarding the arrest and remand of Mr Kejriwal, whether it is politically motivated and malafide”.

Justice Sharma said the court is of the opinion that such important questions and issues cannot be summarily heard and decided by giving the opportunity to only one party to file a petition and documents, especially when a copy of the plea was provided to the ED only on March 26.

“It will be unfair to not give an opportunity to the ED to rebut the same by way of filing a detailed response,” the court observed.

Mr Kejriwal, who was arrested by the ED on March 21 and subsequently remanded to the agency's custody, is scheduled to be produced before the Rouse Avenue court at 2 pm on Thursday. The ED can either request the extension of the chief minister's custodial remand or seek court directions for sending him into judicial custody. There are indications that once the ED custody of Mr Kejriwal is over, the CBI is likely to step in and seek his custody.

Stressing that no money was found in multiple ED raids, the Delhi CM's wife Sunita Kejriwal said that her husband will do a “big expose” and also present evidence on the alleged excise policy scam in court on Thursday.

During the special session of the Delhi Assembly on Wednesday, the AAP leaders stormed into the Well of the House, raising “murdabad” slogans against the BJP-led Centre and demanding Mr Kejriwal's release from ED custody. The House was adjourned till April 1 amid the sloganeering.

The AAP leaders symbolically took their social media campaign to the Assembly as they came dressed in yellow T-shirts with slogans, such as “Mai bhi Kejriwal” and “Modi ka sabse bada dar Kejriwal,” printed on them.

After the Assembly proceedings were adjourned, the BJP leaders, led by the party's Delhi unit chief Virendra Sachdeva, staged a counter-protest outside the House, calling for Mr Kejriwal's resignation.

In a strong message to the ruling AAP in the backdrop of the party's assertion that Mr Kejriwal will continue as the chief minister even if he is behind bars, Delhi lieutenant-governor V.K. Saxena said that the city government will not be run from jail.

As AAP leaders had on several occasions ruled out Mr Kejriwal's resignation, Mr Saxena said at a news channel event, “I can assure the people of Delhi that the government will not be run from jail.”

A public interest litigation seeking the removal of Mr Kejriwal from the chief minister’s post is also scheduled to come up for hearing before a division bench of the Delhi high court on Thursday.

On Wednesday, a Delhi BJP delegation met police commissioner Sanjay Arora to demand a probe into the “letters” being sent by Mr Kejriwal to his ministers from ED custody.

Mr Sachdeva told the media that the party's delegation during its meeting with Mr Arora, demanded a probe into whether the “letters” being written by Mr Kejriwal were genuine and also into the roles of city ministers Atishi and Saurabh Bharadwaj, who claimed to have received them.

“There is a procedure by which such letters, after proper attestation, can come from a person who is in ED custody. As far as my information is concerned, these letters are fake,” Mr Sachdeva claimed.

In another related development at the Delhi high court, acting Chief Justice Manmohan cautioned lawyers against staging protests on court premises against Mr Kejriwal’s arrest.

“Consequences will be severe for organising protests in court. Courts cannot be withheld. Courts cannot be stopped. We cannot take away someone's right to approach the court,” Justice Manmohan said, adding, “If someone does it, they would do it at their own peril,”

Earlier in the day, Mr Kejriwal, in his petition, had urged the Delhi high court to order his immediate release from ED custody, contending his arrest on the cusp of general election is against the basic structure of the Constitution.

Senior advocate A.M. Singhvi, appearing for the AAP leader, argued that the “object of the arrest was not to find material but to disable me and my party. My prayer is, release me now.”

Mr Singhvi claimed that there was no “necessity” to arrest Mr Kejriwal, as mandated under the Prevention of Money Laundering Act and that the grounds of “non-cooperation” were the most abused by the ED.

Opposing the plea, additional solicitor-general S.V. Raju, appearing for the ED, said the “bulky” petition was served upon them only on Tuesday and three weeks' time should be given to bring their stand on record. For interim relief as well, appropriate time should be given to respond, he said.

Mr Singhvi alleged that the request to file a response was motivated and a delay tactic. “The challenge is to the foundation of arrest and there are several glaring issues that need immediate decision by the high court either way,” the senior lawyer added.

“Democracy itself is involved. The basic structure is involved. A level playing field is involved. Even an hour spent in custody is far too long if arrest is illegal,” Mr Singhvi said.

In a virtual briefing, Ms Kejriwal said that when she met the Delhi CM in ED custody, he told her that the Central agency has conducted more than 250 raids in connection with the “so-called liquor scam” in the last two years, but “not a single paisa” has been found in any of the raids so far.

Ms Kejriwal said the ED raided jailed AAP leaders Manish Sisodia, Sanjay Singh and Satyendar Jain's places, but no money was found. “They raided our (CM residence) place and found just `73,000. Where is the money from the "so-called liquor scam?”

She said Mr Kejriwal is a brave, patriotic and genuine person and his resolve is strong despite his being diabetic. "My husband issued directions to the water minister from ED custody. The Centre had issues with it. Do they want to ruin Delhi?"

Ms Kejriwal asked, adding that her husband was upset over the issue. She also appealed to the people to pray for the CM's health and success.