PIL In Delhi High Court To Prevent CM Arvind Kejriwal From Issuing Directions While In ED Custody

A public interest litigation has been moved before the Delhi High Court to prevent Chief Minister Arvind Kejriwal from issuing directions or orders while in the custody of the Enforcement Directorate.

Kejriwal was arrested by the central probe agency on March 21 in connection with the alleged liquor policy scam case. He was remanded by the trial court to ED custody till March 28.

The plea has been moved by one Surjit Singh Yadav, a Delhi resident claiming to be a farmer and social worker. The PIL seeks a direction on the Union Government, ED and Delhi Government to restrain Kejriwal from issuing directions while in police custody.

A further direction is sought on ED not to provide a typist, computer and printer to Kejriwal while he is in police custody.

The plea also seeks the registration of a complaint and investigation against Kejriwal as to how the direction or order issued by him while in police custody reached Delhi Minister Atishi.

“That the Respondent No. 4 while in the Custody of Respondent No. 2 is having the access of Typist, Computer and printer etc. and issuing direction/order in the capacity of the Chief Minister of the Govt. of NCT of Delhi which is against the legal framework of investigation provided under the law which cannot be made selectively available only to some persons and denied to others,” the plea states.

It adds that there is a likelihood that the direction or order issued by Kejriwal in the capacity of Chief Minister may influence the fair and proper investigation by ED.

The petitioner, Yadav, recently moved a PIL seeking the removal of Arvind Kejriwal from the post of Chief Minister of Delhi. Both the PILs are yet to be listed before the court.

Tomorrow, a single judge will hear Kejriwal's plea challenging his arrest and ED custody.

Kejriwal was produced before the trial court following his arrest by the central probe agency, hours after a division bench of the Delhi High Court refused to pass orders granting him interim protection from coercive action.

Kejriwal had skipped nine summons issued to him by ED. Aam Aadmi Party leaders Manish Sisodia and Sanjay Singh are also accused in the case and are presently in judicial custody.

ED has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of the Group of Ministers (GoM). Kejriwal is the "kingpin", ED alleged.

The Central agency has also claimed that there was a conspiracy that was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margins to wholesalers.

Nair was acting on behalf of Chief Minister Arvind Kejriwal and Manish Sisodia, according to the agency.

Title: SURJIT SINGH YADAV v. UNION OF INDIA & ORS.