Setback to Kejriwal: Delhi HC rules his arrest and remand valid

New Delhi: In the plea by arrested Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate and the remand, the Delhi High Court ruled on Tuesday that both are valid. Kejriwal was arrested for alleged money laundering related to the Delhi excise policy case.

The court observed that the material collected by the ED reveals that Kejriwal, who is also the Aam Aadmi Party national convenor, conspired and was actively involved in the use and concealment of the proceeds of the crime. Kejriwal was involved in his personal capacity as well as convenor of AAP in the crime, the court ruled.

Further, the court noted that Kejriwal's petition was not for bail but to declare the arrest illegal, Bar and Bench reported. The petition was challenging the arrest and argued that it was in violation of Section 19 of the Prevention of Monday Laundering Act, 2002 (PMLA).

Earlier, the accused Delhi CM had questioned the timing of his arrest by the ED, arguing that it came just ahead of the Lok Sabha Elections 2024. The court reacted to this by saying that the petitioner was arrested in a money laundering case, and the court has to examine his arrest and remand as per the law, irrespective of the timing of the elections.

On Kejriwal's argument that there is doubt about the statements of "approvers" in the excise policy case, the court ruled that the statements of Raghav Magenta and Sarath Reddy are approver statements which were recorded under the PMLA as well as Section 164 CrPC.

"To cast doubt on the manner of recording statement of approver would amount to casting aspersions on the court and judge," Bar and Bench quoted the court order. "The law of approver is over 100 years old and not one year old. It cannot be suggested that it was enacted to implicate the present petitioner (Kejriwal)," the court said.