Delhi High Court Denies Interim Relief for Arvind Kejriwal, ED Given Time to Respond

Author : Nimisha Nayak

Updated On : March 28, 2024

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In an important development, the Delhi High Court has declined to pass an interim order for the release of Delhi Chief Minister Arvind Kejriwal. He is currently under the custody of the Enforcement Directorate (ED) in connection with a money laundering case related to the Delhi Excise Policy scam.

The Court granted the ED until the second of April for a response to Kejriwal's interim plea seeking his release from ED custody and further consideration of the matter, which is scheduled for April 3

The order came after Justice Swarana Kanta Sharma issued notice to the CBI on the plea by Kejriwal, challenging his arrest by the agency. He, however, took note of the gravity of the reliefs sought in the petition Kejriwal, including hammering home the point that it was important to hear both sides before any order is passed.

"Denying this opportunity would amount to denying a fair hearing and violating one of the principles of natural justice, that is, audi alteram partem applicable to both parties and not one," the court said.

Despite issuing notice on Kejriwal's plea for interim relief, the Court declined to pass any interim order, observing that if such relief were granted, it would virtually grant the final relief. Justice Sharma said that the issues raised by Kejriwal's counsels in the main petition to resolve the issue of Kejriwal's immediate release needed a deep examination.

Kejriwal's arrest by the ED on March 21 is in connection with the case for allegations about irregularities in framing the Delhi Excise Policy for 2021-22. This was first raised in a complaint filed in 2022 by Delhi Lieutenant General VK Saxena. The complaint pointed out that there was a criminal conspiracy between the said accused persons, who are some of the leaders of Aam Aadmi Party (AAP) and former Deputy CM Manish Sisodia, with some unnamed private persons or entities during the formulation of excise policy.

The alleged conspiracy revolved around designing loopholes in the policy to benefit certain liquor licenses and conspirators after the tendering process.

For the first time in the history of Indian politics, Kejriwal is being arrested at the behest of a sitting Chief Minister, and the game of power and politics is being played out. Before this, Deputy CM Sisodia and AAP Rajya Sabha member Sanjay Singh had also been arrested in this case. Further, on March 15th, ED arrested K Kavitha, the daughter of Bharat Rashtra Samiti legislator and former Telangana Chief Minister K Chandrashekar Rao.

So, of course, the next big thing to follow in this case is the upcoming debates at the Delhi High Court, which will basically be handling the reins as far as the further course of this important case is concerned.

Delhi High Court Denies Interim Relief for Arvind Kejriwal, ED Given Time to Respond

Author : Nimisha Nayak

March 28, 2024

SHARE

In an important development, the Delhi High Court has declined to pass an interim order for the release of Delhi Chief Minister Arvind Kejriwal. He is currently under the custody of the Enforcement Directorate (ED) in connection with a money laundering case related to the Delhi Excise Policy scam.

The Court granted the ED until the second of April for a response to Kejriwal's interim plea seeking his release from ED custody and further consideration of the matter, which is scheduled for April 3

The order came after Justice Swarana Kanta Sharma issued notice to the CBI on the plea by Kejriwal, challenging his arrest by the agency. He, however, took note of the gravity of the reliefs sought in the petition Kejriwal, including hammering home the point that it was important to hear both sides before any order is passed.

"Denying this opportunity would amount to denying a fair hearing and violating one of the principles of natural justice, that is, audi alteram partem applicable to both parties and not one," the court said.

Despite issuing notice on Kejriwal's plea for interim relief, the Court declined to pass any interim order, observing that if such relief were granted, it would virtually grant the final relief. Justice Sharma said that the issues raised by Kejriwal's counsels in the main petition to resolve the issue of Kejriwal's immediate release needed a deep examination.

Kejriwal's arrest by the ED on March 21 is in connection with the case for allegations about irregularities in framing the Delhi Excise Policy for 2021-22. This was first raised in a complaint filed in 2022 by Delhi Lieutenant General VK Saxena. The complaint pointed out that there was a criminal conspiracy between the said accused persons, who are some of the leaders of Aam Aadmi Party (AAP) and former Deputy CM Manish Sisodia, with some unnamed private persons or entities during the formulation of excise policy.

The alleged conspiracy revolved around designing loopholes in the policy to benefit certain liquor licenses and conspirators after the tendering process.

For the first time in the history of Indian politics, Kejriwal is being arrested at the behest of a sitting Chief Minister, and the game of power and politics is being played out. Before this, Deputy CM Sisodia and AAP Rajya Sabha member Sanjay Singh had also been arrested in this case. Further, on March 15th, ED arrested K Kavitha, the daughter of Bharat Rashtra Samiti legislator and former Telangana Chief Minister K Chandrashekar Rao.

So, of course, the next big thing to follow in this case is the upcoming debates at the Delhi High Court, which will basically be handling the reins as far as the further course of this important case is concerned.

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