Arvind Kejriwal’s Petition Against Arrest Rejected, to Remain in Jail

Delhi Chief Minister Arvind Kejriwal’s plea for relief was dismissed as the court upheld earlier remand orders which had sent him to custody and subsequently to Tihar Jail until April 15. This marks the first time a sitting Chief Minister has been taken into custody. The court emphasized that doubting the grant of pardon to accused individuals in exchange for information implicating other accused “amounts to casting aspersions on the judicial process”. The court also noted the ED’s submission of statements by approvers and an AAP Goa candidate, who claimed to have been paid alleged kickbacks.

It underlined that Mr Kejriwal would have an opportunity to inspect and question all such documents at “the appropriate stage”. Referring to the urgency of the arrest before an election, the court said that “political considerations can’t be brought before a court of law” and highlighted that the case is between Arvind Kejriwal and the ED, not a conflict between the central government and the Chief Minister. The probe agency argued that Mr Kejriwal ought not to be released as he had been uncooperative and evasive during questioning, and might influence witnesses or tamper with evidence if freed. The agency claimed that over Rs 600 crore in bribes were allegedly used as poll expenses, a charge that Mr Kejriwal and the AAP have repeatedly denied, citing a political conspiracy against the Chief Minister.

The defence argued that the arrest was an attempt to “demolish Aam Aadmi Party before the first vote is cast” and emphasized the need for a level playing field before an election. The Delhi High Court noted that Mr Kejriwal would have known that the election was fast-approaching and would have had limited time to join the investigation. The court made it clear that Mr Kejriwal’s request to inspect the documents would be addressed at the appropriate stage and not at the current stage. It also highlighted that an approver initially did not implicate Mr Kejriwal.

In conclusion, the court dismissed Mr Kejriwal’s plea, upholding the earlier remand orders and dismissing the Chief Minister’s request for relief.