Kejriwal SC hearing Highlights: Hearing adjourned till tomorrow

SC to hear Delhi CM's plea challenging ED arrest today

The Supreme Court is scheduled to hear a plea by Delhi Chief Minister Arvind Kejriwal challenging his arrest in a money laundering case stemming from the alleged excise policy scam.

Kejriwal had earlier told the apex court that his 'illegal arrest' in the case constitutes an unprecedented assault on the tenets of democracy based on 'free and fair elections' and 'federalism'.

A bench of Justices Sanjiv Khanna and Dipankar Datta will hear the matter.

What is the excise policy?

The Delhi Government separated itself from the business of selling alcohol on November 17, 2021 which included shutting down of around 600 government run liquor shops. The idea was to revolutionise liquor shopping by making it more appealing and in the process boost the revenue.

In the new policy, the Kejriwal government gave retail licenses to 850 liquor shops among which 266 are private. The 849 retail liquor shops divided into 32 zones in the city will include a minimum five super premium retail spaces with a carpet area of 2,500 square feet.

Arvind Kejriwal's wife Sunita denied permission to meet him in jail: AAP

The Tihar jail administration has denied permission for Delhi Chief Minister Arvind Kejriwal's wife Sunita to meet him on April 29, an AAP source said on Sunday.

"Sunita Kejriwal was supposed to meet him tomorrow (Monday) but the Tihar administration has denied permission. The jail administration has not cited any reason for denying the permission," a party source said.

Read more

Jailed Delhi Chief Minister Arvind Kejriwal's wife Sunita Kejriwal greets supporters during an election roadshow in New Delhi

Kejriwal's wife Sunita given permission to meet him in Tihar jail: AAP

The Aam Admi Party has said that Delhi Chief Minister Arvind Kejriwal's wife Sunita has been given permission to meet him in Tihar jail, as per news agency PTI.

Hearing begins

We have not filed bail, says Kejriwal's counsel

Justice Khanna asked Delhi CM's counsel if the said has filed bail in trail court to which, the counsel, Senior Adv Singhvi said no.

Kejriwal's arrest illegal, says Delhi CM's counsel

Justice Khanna asked the counsel as to why they chose not to file bail.

"So you are basically against arrest and remand. Just out of curiosity, why didn't you file for bail?", the judge asked.

Responding to Justice Khanna, Singhvi said, "because arrest is illegal. Section 19 PMLA is wider."

Delhi CM's counsel explains why Kejriwal's arrest was not required

Delhi CM's counsel, Senior Adv Singhvi tells court: "Date of arrest is March 21. What is the necessity to arrest under Sec 19 (PMLA), please see...," before adding, "therefore, no need to arrest. There are 3 chargesheets by CBI."

Justice Khanna asked the counsel "In the CBI matter you're still not named?" to which Singhvi replied in the negative. Justice Khanna further clarified, "Later on, ECIR has been filed naming you?". The counsel replied "No" before taking the court through Section 50 PMLA statements of witnesses relied by ED to build the case against Kejriwal. Singhvi points out the basic difference between the the procedure in a criminal case and PMLA procedure, specifically Section 19, as it applies in Kejriwal's case.

'There is enhanced threshold for Section 19': Singhvi refers to Vijay Madanlal Chaudhary judgment

Delhi CM's counsel, Senior Adv Singhvi tells court: "these 3 phrases - (1) material in possession (2) reason to believe (3) guilty of offense... power to arrest is not need to arrest. Guilt has to be made out, not mere suspicion. This is also the threshold in Section 45 PMLA. You are arresting someone after Model Code of Conduct after not arresting for long. Either you have imminent material, or there is material on guilt, or some basis which we don't know. (On) 16th, statement taken from someone behind bars...he gets bail later and turns approver. His statement becomes basis. That statement is July last year. They arrest me (referring to his client) in March. I am not saying CM has immunity, but does he have lesser rights?"

"Where are the reasons, the material to entertain a reasonable belief of my (Kejriwal's) guilt? My arrest after the Model Code of Conduct. What is the basis of my arrest? Ten documents, 15 statements of star witnesses, all have nothing against me," Singhvi added.

Justice Khanna seemed to accept Singhvi's argument saying, "You are focusing on Section 19, we understand. Test is stricter."

Singhvi then made another quick statement to explain the Delhi CM's perspective, saying, "But please note I am not an accused! They accept I am neither accused nor suspect till March'24."

Singhvi points out none of the witnesses statements name Kejriwal except one

"These statements under Section 50 do not name me (client Arvind Kejriwal), except one. BSR Reddy who bought electoral bonds made 17 statements. He named me in April." Kejriwal was arrested on March 21.

Singhvi accuses prosecutor of playing a 'cat and mouse game'

"We are down to prosecutor deciding what is relevant. This is not fairness! Sarath Reddy does not inculpate me till April. But does ED give reason to rely on his 10th statement? Ignoring 9 and going for 10th statement...it should not be like this." Singhvi says that the case rests on statements made by co-accused persons. However, such statements must be corroborated, he asserts as it is a 'basic principle of criminal law'. 

“What was the necessity to arrest? This was not a hardened criminal or a terrorist”, he adds. 

"Raghav Magunta made 4 statements - all exculpatory or not relied upon. Sarath Reddy made no allegations in his 9 statements. These were put in unrelied documents. Fairness of a prosecutor is the uppermost consideration. Obligation of prosecutor is to bring exculpatory material to light. You pick and choose? This is a cat and mouse game," Singhvi told the court.

Your lordship will never find a case of arrest without Section 50 PMLA. The only exception was Sanjay Singh. Same here - no Section 50 recorded. After about 2 years, guilt is found.

Delhi CM's counsel, Senior Adv Singhvi to SC bench

'Right not to go... that cannot be a ground for arrest”, Singhvi tells SC bench

When Justice Khanna points out that summons issued by the ED were ignored by the Delhi CM, Singhvi replied, “I (Kejriwal) went when CBI called. I replied to ED notices in detail. I said I was not going to come. But today, you cannot arrest by saying 'you did not come so we arrested'. It is my right not to go... that cannot be a ground for arrest."

'ED’s power to summon under Section 50 of the PMLA does not include power to arrest under Section 19', Singhvi tells SC bench

Kejriwal’s lawyer informs the Bench that he would require at least an hour to conclude his submissions.

SC adjourns the hearing. The matter will be taken up again tomorrow.