Arvind Kejriwal Arrest: Delhi HC refuses interim release for Kejriwal, next hearing on April 3

“Today Delhi High Court took cognisance of the fact that this arrest may be illegal, undemocratic and politically motivated. The Court clearly said in its order that a proper investigation in this case needs to be conducted. It has issued a directive to the ED to give its reply by April 2.”

“The current situation is not just about the AAP and its campaign. The arrest of Delhi CM Arvind Kejriwal is an attack on democratic institutions in this country. In this country’s entire democratic history, this has never been seen before.”

“The good thing is that this has benefitted us electorally. In this battle, until a few days ago, before the arrest of Arvind Kejriwal, the result in people’s minds was a foregone conclusion that the BJP was going to win. After his arrest, the level of public sympathy that we have gotten, even from BJP supporters, is that now the BJP has gone one step too far.”

Bharatiya Janata Party released its seventh list of candidates for LS polls. The party has fielded Navneet Rana from Amravati constituency in Maharashtra, and Govind Karjol from Chitradurga constituency in Karnataka.

Kejriwal will remain in ED custody, with the Rouse Avenue Court set to decide on his custody tomorrow, March 28. The matter is scheduled to be heard on April 3. Read full story here

The court observed that any order passed in the application for interim release of Kejriwal, pending disposal of his main petition without calling for reply of ED, at this stage, would rather amount to deciding the main petition itself.

This Court remains conscious of the fact that to reach a conclusion as to whether the petitioner herein is entitled to immediate release or not, this Court will necessarily have to decide the issues raised in the main petition, as those issues are the edifice of arguments of the learned Senior Counsel for the petitioner seeking immediate release of the petitioner.

Justice Swarana Kanta Sharma observed that any release order from custody will amount to enlarging Kejriwal on bail or interim bail, as an interim measure.
“The writ jurisdiction under Article 226 of the Constitution of India is not a ready substitute for recourse to the remedy of bail under Section 439 of the Cr.P.C. ordinarily,” the court said.

The court observed that any order passed in the application for interim release of Kejriwal, pending disposal of his main petition without calling for reply of ED, at this stage, would rather amount to deciding the main petition itself.

This Court remains conscious of the fact that to reach a conclusion as to whether the petitioner herein is entitled to immediate release or not, this Court will necessarily have to decide the issues raised in the main petition, as those issues are the edifice of arguments of the learned Senior Counsel for the petitioner seeking immediate release of the petitioner.

Justice Swarana Kanta Sharma observed that any release order from custody will amount to enlarging Kejriwal on bail or interim bail, as an interim measure.
“The writ jurisdiction under Article 226 of the Constitution of India is not a ready substitute for recourse to the remedy of bail under Section 439 of the Cr.P.C. ordinarily,” the court said.

No interim relief for today to Arvind Kejriwal as Delhi High Court issues notice on his plea challenging arrest and ED remand as well as on interim relief plea. Matter to be heard on April 3.

Delhi High Court will hear tomorrow PIL seeking removal of Arvind Kejriwal, who has been arrested by ED, from the post of Chief Minister of Delhi.

Matter will be heard by a division bench headed by ACJ Manmohan.

BJP’s internal meeting regarding the upcoming Lok Sabha elections’ preparations is underway at the party’s extension office. Union Home Minister Amit Shah, party chief JP Nadda and party’s National General Secretary (Org) BL Santhosh are present at the meeting: Sources

BJP chief JP Nadda, party’s state unit president VD Sharma, Union ministers Rajnath Singh, Nitin Gadkari, Faggan Singh Kulaste, Jyotiraditya Scindia, Smriti Irani and Virendra Kumar Khatik are among the 40 key figures chosen to campaign for its candidates, as per PTI. Check list here 

AAP MP from Jalandhar (Punjab) Sushil Kumar Rinku and party’s MLA in the state Sheetal Angural join the BJP, in Delhi.

Election Commission of India issues show cause notices to BJP MP Dilip Ghosh and Congress leader Supriya Shrinate for their remarks against West Bengal CM Mamata Banerjee and BJP’s Lok Sabha candidate Kangana Ranaut respectively.

Odisha CM and BJD chief Naveen Patnaik announces first list of 9 candidates for Lok Sabha polls and 72 candidates for the State Assembly elections, scheduled from May 13. The CM himself will contest from Hinjili assembly constituency.

Names of 9 Lok Sabha candidates:

Pranab Prakash Das to contest from Sambalpur
Lambodhar Nial from Kalahandi
Manmath Routray from Bhubaneswar
Anshuman Mohanty from Kendrapara
Paradip Majhi from Nabarangpur
Dilip Tirkey from Sundargarh
Sudam Marandi from Mayurbhanj
Ranjita Sahu from Aska
Kaushalya Hikaka from Koraput

Samajwadi Party declares Imam Mohibullah Nadvi as its candidate from the Rampur Lok Sabha seat in Uttar Pradesh.

Filing of nominations in the second phase of General Elections 2024 will begin tomorrow (March 28) after ECI issues Gazette notification for Phase 2: ECI

Delhi CM Arvind Kejriwal’s wife, Sunita Kejriwal says, “…Two days ago, Arvind Kejriwal sent a letter to Water Minister Atishi regarding the water and sewer problems in Delhi… The central government filed a case against him. Do they want to destroy Delhi? Do they want the people to keep suffering? Arvind Kejriwal is very pained by this… In the so-called liquor scam, ED has conducted more than 250 raids. They are searching for the money of this so-called scam. They have found nothing yet… Arvind Kejriwal has said that he will reveal everything in the court on March 28. He will reveal where the money of the liquor scam is… He will also provide proof…”

Enforcement Directorate told Delhi High Court that it needs time to file a reply to Kejriwal’s plea seeking release, opposing the plea by Kejriwal seeking release.

ED can’t be deprived of the right to reply.

Kejriwal says:

Proceeds of the crime argument being used by Enforcement Directorate, were quashed by SC in Manish Sisodia’s case.

There is no evidence of proceeds of crime being in Kejriwal’s possession.

Delhi HC should release Kejriwal, Courts have held that even a day in custody under wrongful arrest, is a day too long.

Delhi BJP President Virendraa Sachdeva along with the party workers detained by the police after protesting outside the Delhi Assembly demanding the resignation of Delhi CM Arvind Kejriwal.

– ED has a standard modus operandi, across every major political figure who has been targeted.

– ED arrests people associated with the political figure being targetted, and opposes their bail.

– ED insists on jail, till those arrested turn approver, and submit statements against the political figure.

– Post turning approver, the people develop back pain, ED supports bail.

Delhi Assembly adjourned till April 1 after AAP MLAs raised slogans in the House against the arrest of Delhi CM Arvind Kejriwal.

– The PMLA places the threshold for arrest as high because the threshold for bail is equally high. The ED has not met the high threshold.

– ECIR registered in August 2022, first summons in October 2023. The ED has been unable to demonstrate the necessity for arrest.

– The ED cites “non-cooperation”, can the ED arrest if the accused refuses to cooperate with a confession, incriminating himself?

– The ED claims possibility of tampering with evidence. Kejriwal will tamper with evidence in March 2024, for a case registered in August 2022?

Delhi High Court resumes hearing.

Abhishek Manu Singhvi, appearing for CM Arvind Kejriwal, claims that arresting on the cusp of polls is aimed at influencing votes. The arrest impinges on the fundamental structure of the constitution, timing of the arrest is key.

The arrest is aimed at disabling CM from campaigning, this is planned to be a body blow for party to disintegrate before polls, and is aimed at influencing votes.

Delhi High Court expresses hesitation in passing orders granting any interim relief to CM Kejriwal. It says notice must be issued first to the ED.

Kejriwal presses for “immediate decision” on ED arrest, remand order.

Kejriwal plea in Delhi HC was moved on March 23. It opposes coercive action by the ED and it has challenged the remand that ends tomorrow.

The plea is challenging the basis of the remand, arrest and said the court should not allow delaying tactics by the ED.

“All the AAP MLAs are protesting today against the illegal arrest of Arvind Kejriwal. Democracy is being destroyed in this country. All the opposition leaders are being jailed and their bank accounts and party offices are being sealed. A sitting CM has been arrested, that too after the announcement of the national elections… His arrest is an attack on the democracy.” She was speaking to ANI, a news agency.

These are the live updates from the court proceedings at the Delhi High Court where the Delhi Chief Minister has appealed for an “immediate decision” from the judge. Kejriwal’s lawyers are challenging the basis of the remand, which ends tomorrow. Stay tuned for minute by minute update. Read this article to understand whether Delhi can be put under the President’s rule.