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Kejriwal Returns to Supreme Court: Challenges High Court Setback After 18 Days

Chief Minister Arvind Kejriwal will be approaching the Supreme Court today, a day after his petition challenging his arrest in the liquor policy case was dismissed by the Delhi High Court. The counsel representing the Aam Aadmi Party (AAP) leader will present the matter before Chief Justice of India DY Chandrachud at around 10.30 am, seeking an urgent hearing.

Yesterday, the high court rejected Mr Kejriwal’s challenge to his arrest on March 21 by the Enforcement Directorate (ED). The court stated that the central agency had limited options after the AAP leader repeatedly ignored summonses in the money laundering case. Additionally, the court highlighted the ED’s accusation that Mr Kejriwal was actively involved in the use and concealment of alleged proceeds of crime.

Emphasizing that there is no distinct protocol for a probe agency to follow when questioning a common man versus a Chief Minister, the court made its stance clear.

Justice Swarana Kanta Sharma, in her statement, emphasized that this Court firmly believes in the principle of equality before the law. The Court firmly rejects the notion of having separate categories of laws for different individuals, distinguishing between common citizens and those in positions of power, such as the Chief Minister or any other public figure. The Court recognizes that individuals holding public office do so because of the mandate given to them by the public. Therefore, it is imperative that the law treats all individuals equally, irrespective of their position or influence.

In response to the recent judgment by the high court, Saurabh Bharadwaj, an AAP leader and Delhi Minister, expressed his dissatisfaction with the investigations conducted by the ED and the CBI in relation to the Delhi liquor policy case. He highlighted that despite claims of large sums of money being involved, no illegal money has been found by these agencies. Mr. Bharadwaj further alleged that witnesses have been coerced into changing their statements to align with the narrative desired by the ED. He strongly asserted that this issue goes beyond mere money laundering and is, in fact, a significant political conspiracy in the history of India.

Additionally, Mr. Bharadwaj pointed out that the high court had previously denied relief to AAP MP Sanjay Singh on similar grounds, but the Supreme Court granted him bail. He expressed hope that the Supreme Court would also deliver justice to Arvind Kejriwal, the Chief Minister of Delhi.

Mr. Kejriwal initially sought the intervention of the Supreme Court after his arrest, only to retract his petition later in order to address the matter in the trial court. This occurred on the same day that a Supreme Court bench denied relief to Bharat Rashtra Samithi leader K Kavitha, who is also implicated in the liquor policy case. The Supreme Court emphasized the importance of following protocol and directed Ms. Kavitha to pursue her case in the trial court.

After facing a setback in court eighteen days later, Mr. Kejriwal has returned to the Supreme Court seeking relief.

The controversy revolves around the Delhi government’s liquor policy, which was implemented in 2021 and subsequently revoked the following year, allegedly favoring liquor license holders. Following a recommendation from Lieutenant Governor VK Saxena, the CBI launched an investigation into the accusations of misconduct. The ED is also investigating the financial aspects of the case. In addition to Mr. Kejriwal, former Deputy Chief Minister and senior AAP leader Manish Sisodia is currently in custody in connection with the case. AAP MP Sanjay Singh, who was also arrested in relation to the same case, has been granted bail.

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