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‘A day is far too long when the arrest is illegal’: Arvind Kejriwal to Delhi High Court in plea against ED arrest, remand

Senior advocate AM Singhvi, appearing for Arvind Kejriwal, pointed out several "glaring issues" in the Delhi CM's arrest.

arvind kejriwal arrest, delhi high courtDelhi Chief Minister Arvind Kejriwal in Bhavnagar on March 15 (Express Photo by Bhupendra Rana)

Delhi Chief Minister Arvind Kejriwal Wednesday contested that his arrest and remand by the Enforcement Directorate (ED) in a money laundering case related to the now-scrapped excise policy ‘impinges’ upon the basic structure of the Constitution.

“A sitting CM was arrested on the cusp of elections when the Model Code of Conduct is in place. If you do anything to make a level playing field uneven you are impinging on the basic structure of the Constitution. This arrest is impinging on the level playing field,” said senior advocate AM Singhvi, who was appearing for Kejriwal in the Delhi High Court.

“You have to show me necessity of arrest,” Singhvi added. “This is a matter where democracy itself is involved, basic structure, level playing field is involved. A day is far too long when the arrest is illegal. The ED is achieving its nefarious objective by seeking more time,” the advocate argued.

The ED has sought time to file a reply to Kejriwal’s plea, even for interim relief. “If they wanted an early hearing it was their duty to give us a copy. If they wanted a genuine fair hearing they could have sent us a copy of the plea on Saturday itself, and given us an opportunity to prepare. If interim relief is granted it will tantamount to granting relief in main petition, that’s why I will need more time to prepare,” said Additional Solicitor General SV Raju, who was appearing on behalf of the probe agency.

Singhvi alleged that the request to file response was a “delay tactic”.

Singhvi also said that Kejriwal’s arrest was meant to “disable” him and the Aam Aadmi Party (AAP). “They say I have not cooperated. Non cooperation is one of the most abused phrases in the recent past since ED has been active. Can you say I will arrest you because (you are) exercising my right against self incrimination?” Singhvi said.

Kejriwal was arrested on March 21, hours after the high court refused to grant him interim protection “at this stage” from coercive action. On March 22, he was remanded to ED’s custody till March 28 after the agency told a Delhi court that he was the “kingpin and key conspirator of the Delhi excise scam”.  AAP leaders Manish Sisodia and Sanjay Singh are already in judicial custody in the matter.

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He has issued two “directions” from jail in the past week, prompting the BJP to lodge a complaint with the Delhi Lt Governor V K Saxena against Kejriwal over his “unauthorised use of power and authority”.

The AAP, on its part, has alleged that the BJP was trying to “divert attention” from the “money trail” revealed after details of donations to political parties through electoral bonds were made public.

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