'No specific privilege' for CM, says Delhi HC rejecting Kejriwal's arrest plea; AAP chief to stay in jail till Apr 15

The Delhi High Court on Tuesday rejected a petition by Arvind Kejriwal challenging his ED arrest saying that there cannot be any specific privilege for anyone including the chief minister.

The judgment on the plea effectively means that the chief minister will stay behind bars till April 15, in line with last week’s order by a city court.

The court also noted that there is enough material available with the central probe agency against Kejriwal, adding that prima facie evidence indicates that the chief minister was a part of the criminal conspiracy.

Kejriwal was arrested by the ED on March 21 after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency.

The AAP national convener has questioned the “timing” of his arrest by the agency and said it was in contravention of the basic structure of the Constitution, including democracy, free and fair elections and a level playing field.

The ED has opposed the plea and contended that Kejriwal cannot claim “immunity” from arrest on the ground of upcoming elections as the law is applied equally to him and an “aam aadmi”.

HC cites ED material

While pronouncing its judgment, the court noted that the material collected by the Enforcement Directorate against Kejriwal on his alleged involvement in the Delhi Excise Policy scam reveals that the AAP National Convenor conspired with others and was actively involved in the use and concealment of proceeds of crime.

“The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP,” the Delhi High Court said.

Kejriwal’s plea rejected

The court rejected Kejriwal’s plea by saying, “ED was able to place enough material in the shape of ‘Hawala’ material, and statements of approvers that he was given money in cash for Goa elections. Money was sent in cash for the Goa elections. The arrest is not in contravention of law, remand cannot be termed illegal.”

It also ruled that Kejriwal’s previous argument on the timing of his arrest, hinting that he was put in jail just before the Lok Sabha elections in the absence of any mala fide on ED’s part is “not sustainable.”

With inputs from agencies