Today in Politics: What will the Supreme Court say on Arvind Kejriwal’s arrest?

Since October last year, the Enforcement Directorate (ED) had sent nine summons to him as part of the probe into the alleged excise policy scam. Kejriwal had skipped all of them — and moved the Delhi High Court seeking interim relief from “coercive” action. He essentially challenged the summons issued to him by the ED and the validity of certain provisions of the Prevention of Money Laundering Act under which the case against him was filed.

However, a division bench of Justice Suresh Kumar Kait and Justice Manoj Jain on Thursday evening said it had heard both sides – Kejriwal’s and the ED’s – but was “not inclined” to grant him protection “at this stage”. The bench said the application will be heard on April 22.

Shortly after 4 pm, information began to emerge that the ED had sought information from the Delhi Police about security arrangements around the CM’s residence. He was arrested from his Civil Lines home at 9 pm, by which point many AAP leaders and supporters had gathered in front of his house.

Meanwhile, the AAP decided to go to the SC for a late-night hearing. However, the Court said it would do so on Friday.

With his arrest, the AAP, which started off with its anti-corruption pitch, loses its main face. And five days after the Model Code of Conduct (MCC) kicked in for the polls, the Opposition INDIA bloc also loses a key face who had been attacking the BJP on issues ranging from the Citizenship (Amendment) Act to the misuse of investigation agencies, among them the ED.

The AAP has said Kejriwal “is and will remain Chief Minister”. “He will not resign,” said party leader and Delhi minister Atishi. The party has called for a nationwide protest against the arrest on Friday. In Delhi, AAP leaders plan to gather outside the BJP office in protest. The Opposition is likely to join or continue speaking of the arrest — all major non-BJP forces, from the Congress to the DMK to the TMC, have condemned the arrest on Thursday.

In context: The probe that led to Kejriwal’s arrest pertains to alleged kickbacks received by the AAP and its leaders in implementation of the now-scrapped 2021-22 Delhi excise policy.

Kejriwal was not named in the FIRs registered by the ED or the CBI in the Delhi excise policy case, but his name first found a mention in the ED’s chargesheet. The agency claimed that he allegedly spoke to one of the main accused, Sameer Mahendru, in a video call and asked him to continue working with co-accused Vijay Nair (who was the AAP communication in-charge).

The second reference to Kejriwal was made in a press release issued by the ED on Monday, wherein it called him a “conspirator” in the case. This followed the arrest of K Kavitha, a BRS leader and daughter of former Telangana CM K Chandrashekar Rao, in the case. The ED has alleged Kavitha is part of the “South group” that paid money to get undue benefits under the now-scrapped policy.

“ED investigation revealed that Kavitha along with others conspired with the top leaders of AAP including Arvind Kejriwal and Manish Sisodia for getting favours in the Delhi Excise policy formulation and implementation. In exchange for these favours, she was involved in paying Rs 100 crore to the leaders of AAP,” the ED alleged.

While Kejriwal is the most high-profile arrest in the case, investigation agencies have also arrested his former deputy Manish Sisodia (in jail since February 2023), party Rajya Sabha MP Sanjay Singh (arrested in October 2023), and Nair (in custody since November 2022).

DMK minister K Ponmudy to take oath?

The SC on Thursday pulled up Tamil Nadu Governor R N Ravi over his refusal to administer oath so as to reinduct DMK MLA K Ponmudi, whose conviction was stayed by the apex court, into the state Cabinet.

“We are seriously concerned about the conduct of the Governor in this case… This is not the way. Because he is defying the Supreme Court of India. When a two-judge bench of the Supreme Court stays a conviction, the Governor has no business to tell us that this does not wipe out the conviction and it is non-existent. Those who have advised him have not advised him correctly in accordance with law. The governor better be informed that when the Supreme Court of India stays a conviction, the law has to follow its course,” Chief Justice of India D Y Chandrachud said presiding over a three-judge bench.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, asked the Governor to take a decision by tomorrow (Friday) morning, failing which it said it will pronounce a judgment.

The Madras High Court had recently reversed Ponmudi’s acquittal in a case of disproportionate assets. However, on March 13, a two-judge SC bench stayed it.

In context: The SC’s decision to grant the stay means that Ponmudy’s conviction is put in abeyance, or is suspended pending a final decision — as though it does not exist till the final verdict of the appeal comes through. Since his disqualification from the legislature flowed from the conviction, with the grant of stay, the grounds for the disqualification does not exist.

The Tamil Nadu government led by Chief Minister MK Stalin, which has had several flashpoints with Governor Ravi in the past, had sought an intervention from the SC in reinstating Ponmudy on Monday.

Will there be an announcement of MVA seat-sharing?

There was buzz about the Maha Vikas Aghadi (MVA) alliance in Maharashtra, comprising the Congress, Uddhav Thackeray’s Shiv Sena and Sharad Pawar’s NCP, finalising its seat-sharing pact on Thursday. However, the parties have not made an announcement on how they would settle on the state’s 48 Lok Sabha seats.

An official announcement might be expected in the coming days.

— With PTI inputs