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Wednesday, June 12, 2024

Arvind Kejriwal News Highlights: AAP to be made accused in the Delhi liquor policy case, ED tells SC

Arvind Kejriwal News Highlights: Kejriwal was arrested on March 21 in a money laundering case tied to the now-scrapped excise policy.
Arvind Kejriwal News LIVE: AAP convener Arvind Kejriwal (HT Photo)
Arvind Kejriwal News LIVE: AAP convener Arvind Kejriwal (HT Photo)

Delhi Chief Minister Arvind Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) will be heard in the Supreme Court for the final time on Thursday. The apex court granted him interim bail till June 1. A bench of Justices Sanjiv Khanna and Dipankar Datta will hear the matter....Read More

In an interview with ANI, Union Home Minister Amit Shah called the bail a “special treatment”. He said that the judgement in the case was not routine.

The Interim bail to Kejriwal was approved due to the ongoing Lok Sabha election, despite opposition from the ED, which argued that campaigning wasn't a constitutional right. The bail allowed Kejriwal to be released before Delhi votes on May 25. However, he must surrender on June 2 and will be back in jail on June 4, the day of counting and results.

Kejriwal was arrested on March 21 in a money laundering case tied to the now-scrapped excise policy.

Follow all the updates here:
May 16, 2024 5:36 PM IST

We will not go into that: Supreme Court to ED on Kejriwal's ‘won’t have to return to jail' remark | Read

The Supreme Court on Thursday refused to entertain the Enforcement Directorate's (ED) contention against Arvind Kejriwal, who, in recent days, has repeatedly asserted that if people vote for his AAP and the opposition INDIA bloc in the ongoing Lok Sabha polls, he would "not have to go back to jail." Read More

May 16, 2024 4:29 PM IST

Will soon file prosecution complaint against Kejriwal, AAP in excise policy case: ED to SC

The Enforcement Directorate Thursday told the Supreme Court it will soon file a prosecution complaint against Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party (AAP) in a money laundering case related to the alleged excise policy scam.

Appearing for the ED, Additional Solicitor General SV Raju told a bench of Justices Sanjiv Khanna and Dipankar Datta, "We are proposing to file the prosecution complaint (charge sheet) against Arvind Kejriwal and AAP. We will do it shortly. It is in the pipeline."

The statements were made by the ED during the hearing on Kejriwal’s plea against his arrest.

The Delhi chief minister was arrested on March 21 in the case.

May 16, 2024 4:07 PM IST

Hearing ends for today

Matter to resume tomorrow at 2:30 pm

May 16, 2024 3:59 PM IST

SC hearing Kejriwal's plea challenging arrest by ED | J Khanna: We can hear it out for 15 mins. We can't sit beyond 4.15 today.

J Khanna: We can hear it out for 15 mins. We can't sit beyond 4.15 today. We will keep it tentatively for tomorrow, 2:30.

May 16, 2024 3:39 PM IST

ASG: Vijay Nair was working for Kejriwal

ASG says, “Vijay Nair was working for Kejriwal. Had bungalow next to his house. He was coordinating and making all arrangements!”

May 16, 2024 3:29 PM IST

ASG to now argue on Kejriwal's vicarious role

ASG to now argue on Kejriwal's vicarious role

J Khanna: 'person' has been defined in PMLA?

ASG: yes, Section 2(s)

May 16, 2024 3:04 PM IST

J Khanna: ‘When was liquor policy imposed?’ | Hearing progresses in SC in plea challenging Kejriwal's arrest

J Khanna: when was liquor policy imposed?

ASG: 17.11.2021

J Khanna: Money went before or after the policy?

ASG: Money went in March

May 16, 2024 2:52 PM IST

Supreme Court refuses to consider ED's objection to Arvind Kejriwal's statement that he won't be back in jail if votes are given for AAP

Supreme Court, on Thursday, refused to consider ED's objection to Arvind Kejriwal's statement that he won't be back in jail if votes are given for AAP.

May 16, 2024 2:47 PM IST

‘You may have good reasons to arrest but you need to touch upon section 164 statement saying that you do not believe it…’: Justice Datta

Justice Datta: you may have good reasons to arrest but you need to touch upon section 164 statement saying that you do not believe it.

ASG: my reason to believe cannot be equated to recording of reasons.. this will vitiate it and thus recording is good.

J Datta: If you have other material which renders the version in 164 not believable...why would you divest yourself of the power...to defend your decision to arrest, you are required touch upon it

May 16, 2024 2:37 PM IST

Hearing progresses in SC against Kejriwal arrest plea

ASG: Reason to believe does not have to be merits and demerits. There is material for 100 cr bribe but there is no need to have material also showing that perhaps bribe was not given etc or to show material which favours their version. I am not required to dislodge and give a judgment

Justice Sanjiv Khanna: I hope the investigation diaries which we had asked for is here. We will go through it..

May 16, 2024 2:28 PM IST

ASG: 'Arvind Kejriwal demanded ₹100 crore bribe… Have direct evidence that Kejriwal stayed in seven star hotel and bill ran into lakhs'

ASG: The petitioner Arvind Kejriwal demanded 100 crore bribe and result of this the money was generated. It reached Goa and was used in elections by the AAP. AAP will made an accused in this case. We have direct evidence that Kejriwal stayed in seven star hotel and bill ran into lakhs.

May 16, 2024 2:24 PM IST

AAP to be made accused in the Delhi liquor policy case

AAP will be made as accused in the Delhi liquor policy case, ED tells #SupremeCourt during the hearing of #ArvindKejriwal's case.

Two days back, ED made a similar statement before the Delhi High Court as well while hearing Manish Sisodia's bail plea.

May 16, 2024 2:21 PM IST

Arvind Kejriwal News LIVE: SC hearing petition challenging arrest of Arvind Kejriwal

ASG: Two things first - this arrest is preceded by 6 complaints

J Khanna: Last time you said 1+4. We asked you specifically

ASG: Maybe my mistake

ASG: Number of accused have filed bail applications. Reached this court… Offense under PMLA has been made out. Otherwise, bar under S.45 won't kick in

May 16, 2024 2:17 PM IST

Arvind Kejriwal News LIVE: SC resumes hearing

SC has resumed hearing Kejriwal's case.

May 16, 2024 1:17 PM IST

ICYMI | No exception in interim bail to Kejriwal, critical analysis of verdict welcome: SC

On Thursday, the Supreme Court clarified that it didn't create any special circumstance for Delhi Chief Minister Arvind Kejriwal when granting him interim bail for campaigning in the Lok Sabha elections. The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, declined to entertain arguments from both the Enforcement Directorate (ED) and Kejriwal's counsel regarding statements made about the interim bail. They emphasized that a thorough examination of the judgment is encouraged.

The bench said, “We have not made any exception for anybody, we said in our order what we felt was justified," the bench said, adding that critical analysis of the judgment is 'welcome'.”

May 16, 2024 1:03 PM IST

Supreme Court bench rises for lunch break

The Supreme Court bench hearing Kejriwal's plea against his arrest rose for lunch break at 1 pm.

May 16, 2024 12:56 PM IST

‘Relevant material can’t be ignored': ASG

The Additional Solicitor General said, “It can't be that relevant material is ignored...but it need not be reflected in reasons to believe at stage of arrest. S. 19 is purely subjective.”

May 16, 2024 12:48 PM IST

‘Won’t get into adequacy, sufficiency': Justice Datta

Justice Datta said, “Adequacy, sufficiency we won't go into. But there has to be application of mind. If there are material favoring accused, he has to make it apparent.”

May 16, 2024 12:32 PM IST

‘Kejriwal says if you go for broom, I won’t go to jail'

SG Tushar Mehta attacked Arvind Kejriwal in court, saying “He says if you go for broom (election symbol), I won't have to go to jail.” To this, Singhvi replied, “I didn't think he'd say this. If he goes into...I can file affidavit about highest Minister of this country.”

May 16, 2024 12:16 PM IST

‘We are not supposed to conduct mini-trial’

“Please look at this case...where similar exercise was sought to be done, look at this and that evidence...your Lordships said we are not supposed to conduct mini-trial,” Arvind Kejriwal's lawyer said.

May 16, 2024 11:59 AM IST

‘There are self-imposed restrictions on courts’: Justice Datta

Justice Datta said, “There are self-imposed restrictions on courts...but if you bring it to a PMLA case, who will give bail under such strict conditions.”

Justice Khanna asks to sum up arguments

May 16, 2024 11:54 AM IST

‘Please don't open those doors’: SG Mehta warns SC

SG Mehta says, “If I am arrested on my neighbor's complaint, ordinary citizens go through CrPC. They do not directly rush to the court. Please don't open those doors. It will have disastrous consequences.”

Justice Khanna said, “That's not their case.”

Justice Datta said, “The threshold of arrest in PMLA is much higher.”

Justice Khanna said, “Suppose remand is given after S.41 arrest, can a person not file 227? So where is the distinction?”

May 16, 2024 11:51 AM IST

‘Law is that once there is remand order, habeas corpus is not maintainable’: SG Mehta

“Right from 1950s till date, law is that once there is remand order, habeas corpus is not maintainable,” SG Mehta said.

“No, that's not the reason...go through Senthil Balaji...if there is an order of the court...then it's 227,” Justice Khanna responds.

May 16, 2024 11:48 AM IST

‘Arrest is part of investigation’: SG Mehta argues

SG Mehta said, “When there are flagrant violations of fundamental rights, there can be. But sometimes, agencies are required to discharge an unpleasant duty which they know will be abused publicly. Now I will take your Lordships through some judgments.”

“S.19 authority is supposed to decide whether there is existence of material which requires arrest of a person. He is not supposed to exercise judicial powers of weighing evidence. Arrest is part of investigation. My learned friend said reasons should also reflect that he conducted a mini-trial in his mind. But I say S.19 must record his reasons why he thinks arrest is necessary based on material...otherwise there is no difference between IO and judge.”

May 16, 2024 11:41 AM IST

‘Court did not go into sufficiency of material’: SG Mehta argues

Justice Khanna says, “They filed writ petition before us, we did not open the gates for them.”

ASG Raju, appearing for Kejriwal, says, “Before arrest, they filed the petition. It was wrongly mentioned remand has been granted.”

Justice Khanna says, “No, they said it has been moved. Some other matter had also come up on that day, when we said go before the trial court. We refused to entertain.”

ASG says, “Ultimate relief can't be granted. Until they challenge final order...”

Arguing for ED, SG Mehta says, “When he was not arrested, he approached High Court that I should not be arrested. HC called for papers. DB examined them. Thereafter, court did not go into sufficiency of material. Rightly so. Mini-trial is what your Lordships are called upon to conduct. We are opposing that. That is not the scope of your Lordships' jurisdiction. If S.19 is a trigger to approach under Art 226, then S.41 CrPC also is.”

May 16, 2024 11:37 AM IST

‘We overlook when there is a grave case’: Justice Khanna

Justice Khanna says, “226 remedy can't be excluded. We don't exercise that jurisdiction, because there are alternative remedies. But we overlook when there is a grave case. They certainly challenged their order.”

Justice Datta says, “There was a remand order. Before HC, it was challenged.”

Justice Khanna says, “If first remand order is challenged, it will remain even after second or third remand order”

May 16, 2024 11:36 AM IST

‘You have to satisfy…’: Bench pulls up SG Mehta

Justice Datta said, “you have to satisfy that however high case is pitched before us, under S.19 we can't.”

Justice Khanna said, “If there is violation of S.19 conditions, obviously courts can interfere. Either remand court, or High Court.”

May 16, 2024 11:33 AM IST

Justice Datta pulls up SG Mehta on ‘Kejriwal consented’ remark

Justice Datta said, “what if he had not consented? Is it your submission that under S.19, in no case a writ petition under 226 lies?”

May 16, 2024 11:32 AM IST

‘I am too big to go to Trial Court…’: SG Mehta argues for ED

SG Mehta said, “More rigorous the provisions of arrest, less the scrutiny by courts. This is my submission.”

“Let's see S.41 CrPC. Why a common man not invoke the same jurisdiction for any other offense? Please juxtapose with Art 226...which they have invoked.”

“Suspicion is usually subjective. I am too big to go to Trial Court to go to bail. The remand court will also examine all this. I will go to the High Court.”

Justice Khanna said, “He went to the trial court. after it rejected, he went to HC”

May 16, 2024 11:27 AM IST

SG Mehta argues for the ED

SG Mehta said, “At the time of trial, court can examine whether S.19 was complied with or not.”

He added, “Please see the 2005 Rules...sub-rule (3) is manner of forwarding...nobody can tamper with it till trial court examines it”

May 16, 2024 11:23 AM IST

SG Tushar Mehta takes SC through Section 62 and 67 PMLA

SG says, “If one of the conditions of S.19 is not complied with, a punishment is provided. but that is also at the stage of trial”

May 16, 2024 11:20 AM IST

Arvind Kejriwal News LIVE: Arguments begin as SC holds final hearing

Justice Khanna says, “As far as maintainability is concerned, they have argued that S.19 is not satisfied and remand order should not have been passed.”

SG Tushar Mehta argues, “S.19 PMLA your Lordships have seen...everybody would not have privilege as petitioner has...court is called to interfere with a petitioner under Article 227 read with...”

SG added, “S.19 has certain conditions. Only high-ranking officials given power. There should be material in possession. I must also have a reason to believe, to be recorded in writing”

May 16, 2024 11:00 AM IST

SC says ED cannot make arrests under PMLA

The Supreme Court ruled that the Enforcement Directorate (ED) cannot arrest the accused under the provisions of the Prevention of Money Laundering Act (PMLA) once the special court has acknowledged the complaint. If the ED needs custody, it must file an application before the relevant court. The court can grant custody only after being convinced with valid reasons that custodial interrogation is necessary.

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