Arvind Kejriwal to stay in jail as Delhi HC dismisses his plea against arrest by ED in excise policy case

A single bench of Justice Swarana Kanta Sharma held that ED has provided enough evidence that Kejriwal received funds as kickbacks during the Goa elections.

“The ED has placed enough material, statements of approvers and AAP's candidate stating that Kejriwal was given money for Goa elections,” the court said.

It said that the ED probe reveals that Kejriwal conspired and formulated a new excise policy and used proceeds of crime for party expenses.

The HC held that Kejriwal is allegedly involved in a personal capacity in the formulation of policy and demanding kickbacks and is accountable in the capacity of national convenor of his party AAP.

"The arrest of Kejriwal is not in contravention of law and so the remand cannot be termed illegal," the court observed while rejecting his plea.

A single bench of Justice Swarana Kanta Sharma said: "There is no separate law for the common man or the Chief Minister. There is no special privilege for Arvind Kejriwal. The approver's statement cannot be questioned. To doubt the approver is to doubt the judge as it was recorded in the court."

The probe is irrespective of election timings, the court held and said: "The Chief Minister cannot decide how the probe has to be done. The probe is not as per accused convenience."

Kejriwal and the AAP have alleged the arrest was timed for just before the Lok Sabha election to sideline the party's senior-most leaders, including the Chief Minister, and disrupt campaign plans.

Kejriwal's arrest was therefore ruled valid and his plea was dismissed. The court upheld its earlier remand orders - which sent him to the ED's custody and then to Delhi's Tihar Jail till April 15.

Kejriwal is the first sitting Chief Minister to be taken into custody.

Last week his lawyer Abhishek Manu Singhvi said the allegations are based on the statements of the approvers who were pressurised to speak against the Delhi CM.