Lok Sabha Elections 2024: Kejriwal questions timing of arrest before polls in his Supreme Court plea

New Delhi: Delhi Chief Minister Arvind Kejriwal has questioned before the Supreme Court the mode, manner, and timing of his arrest just before the Lok Sabha elections and after the imposition of the Model Code of Conduct, contending it was an unprecedented assault on the tenets of democracy based on free and fair elections and federalism.

In a rejoinder affidavit, he claimed his arrest spoke volumes about the arbitrariness of the ED, a central agency.

His written response contended his arrest is a “classic case of how the ruling party in the central government has misused the ED and PMLA to crush its biggest political opponent — Aam Aadmi Party and its leaders”.

"The arrest constitutes an unprecedented assault on the tenets of democracy based on free and fair elections and federalism, both of which form significant constituents of the basic structure of the Constitution. Being devoid of any cogent reason, ED is now raising frivolous and fictitious grounds for justifying my illegal arrest," read his response.

Kejriwal also claimed innocence in the entire Delhi liquor scam case.

He claimed there existed no proof or material demonstrating that the AAP received funds or advanced kickbacks from the South group, and utilising them in the Goa election campaign.

"Not a single rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration,” he said.

During an election cycle when political activity is at its highest, the petitioner's illegal arrest has caused grave prejudice to his political party, and will provide the ruling party at the Centre an unjust upper hand in the ongoing elections, he contended.

A bench of Justices Sanjiv Khanna and Dipankar Datta is set to consider Kejriwal’s plea on Monday, April 29.

He had challenged the Delhi HC order, dismissing his plea against his arrest and remand.

His reply claimed that a level playing field, a pre-requisite for 'free and fair elections', has clearly been compromised with his illegal arrest.

He also said that the Central probe agency, illegally 'picked up' a sitting Chief Minister and the National Convenor of one of the six national opposition parties in India on March 21, that is, five days after the General Elections were called and the MCC was put in place.

His political party is in direct opposition to the ruling political party at the Centre in the on-going General elections and voting has already commenced from April 17.

"The approach is a blatant display of tyranny of ED and gives an insight into how it abuse the draconian provisions of PMLA with blatant violations of right to life and liberty, principles of fair trial and fair investigation, due process of law and rule of law," he said.

He claimed there was no manner of doubt that the ED has acted in a most highhanded manner in a gross affront to the due process of law. In the instance case, the ED has been opaque and dictatorial in its approach, he claimed.

He also contended the ED has garnered a wishful impression as if it has a right to conceal documents which are in the favour of the accused from the court and the accused, in negation of the very principle of fair trial and fair investigation.