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Synopsis

The Enforcement Directorate (ED) asserted before the Delhi Rouse Avenue Court that Arvind Kejriwal played a central role as the "Kingpin" and "Key Conspirator" in the Excise Policy Scam and thus, a grant for custody was required. The ED's plea for custody of the CM was heard by Special Judge Kaveri Baweja. Kejriwal's arrest by the ED followed a late-night search at his residence after he was denied interim protection by the Delhi High Court.

According to the ED, the illicit funds generated through the manipulation of the policy were utilized to finance the Goa Elections. During the hearing, Additional Solicitor General Raju, representing the ED, advocated for a 10-day remand of Kejriwal to delve deeper into the financial trail of the scam.

The ED contended that Kejriwal acted as an intermediary between various parties, including former Deputy Chief Minister Manish Sisodia and AAP officer Vijay Nair, facilitating alleged irregularities in the implementation of the liquor policy. 

However, Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, argued that "first time in 75 years a sitting CM has been arrested. Four most senior members of AAP were arrested today. At this rate the verdict of the elections is already out... here ED becomes a judge and jury. On 16 March they issued a notice of summon, the same day I got bail. They had to file a reply and the case was listed for April 22. In hours, they landed up at my (Kejriwal's) house". 

Senior Advocate Singhvi asserted that "the power of arrest and necessity of arrest are different. Merely having the power to arrest does not justify reasons for arresting. Between static and frozen facts, why didn’t they arrest Kejriwal in 2023, why now? Why the need to arrest in march 2024 when these facts are based on the incidents of 2023? Where is the necessity?"

Kejriwal had approached the Supreme Court on March 22, 2024, but later prayed for the withdrawal of his petition. 

Brief Background

On November 17, 2021, the Delhi government, led by the Aam Aadmi Party (AAP), introduced a new liquor policy. However, on April 20, 2022, Chief Secretary Naresh Kumar scrutinized the policy and unearthed irregularities, promptly forwarding his findings to Lieutenant Governor VK Saxena.

The situation escalated on August 17 when the Central Bureau of Investigation (CBI) launched a case against Manish Sisodia, overseeing the finance and excise department. Subsequently, on August 19, the CBI searched Sisodia's office in the Delhi-NCR region. The Enforcement Directorate (ED) joined the fray on August 22 by initiating its case. Matters worsened as the CBI searched bank lockers belonging to Sisodia on August 30.

The ED further escalated the situation by arresting Amit Arora, a close associate of Sisodia, on November 30, while also implicating K Kavitha. Despite being called for questioning by the CBI on February 19, Sisodia requested a deferral, citing his involvement with the Budget. The CBI made another significant arrest on September 17 when they apprehended AAP communication in-charge Vijay Nair, and the ED simultaneously arrested alcohol businessman Sameer Mahendru. A revelation in the ED's chargesheet on January 6, 2023, alleged that Kejriwal had instructed Sameer Mahendru to trust Nair during a video call.

Case Title: Directorate Of Enforcement vs. Arvind Kejriwal