Supreme Court to continue hearing Delhi CM Arvind Kejriwal’s plea challenging ED arrest tomorrow

The Supreme court has adjourned the hearing of Kejriwal's case, and will take it up tomorrow as Delhi CM's counsel, Senior Advocate Singhvi told the bench that he will take another hour to conclude his submissions.

Singhvi pointed out some important shortcomings in the prosecutors' case, accusing them of cherry-picking witness statements and having 'suspicions' but no incriminating material to justify the Delhi CM's arrest.

"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 said. He added that the case rests on statements made by co-accused persons. However, such statements must be corroborated, he asserted 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 added.

"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.

He also accused the approvers on whose statements ED is basing the case on for having family members who have joined the ruling party at the Centre.

When Justice Khanna pointed 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."

Supreme Court will continue the hearing tomorrow.