Supreme Court Agrees To Hear Delhi CM Arvind Kejriwal's Plea Against ED Arrest Today

The Supreme Court will hear today Delhi Chief Minister Arvind Kejriwal's writ petition challenging his arrest by the Enforcement Directorate yesterday in connection with the Delhi liquor policy case.

A Special Bench comprising Justices Sanjiv Khanna, MM Sundresh and Bela Trivedi will hear the matter today.

Senior Advocate Dr Abhishek Manu Singhvi mentioned the matter before Chief Justice of India DY Chandrachud this morning for urgent mentioning. CJI told Singhvi that the Special Bench led by Justice Khanna has convened at Court 2 and asked Singhvi to mention the matter before Justice Khanna. CJI said that Singh could tell Justice Khanna that the matter has been assigned to Court 2 to be taken up immediately.

It may be noted that at that time, the Special Bench comprising Justices Sanjiv Khanna, MM Sundresh and Bela Trivedi was hearing the plea of BRS leader K Kavitha against her arrest by the ED in the liquor policy case. By the time Singhvi reached Court 2, the Special Bench sitting had concluded and the regular bench of Justices Khanna and Dipankar Datta assembled. When Singhvi mentioned the matter, Justice Khanna said that it would have to go before the 3-judge Special Bench, which dealt with similar connected issues. It may be noted that this 3-judge Special Bench is hearing cases seeking reconsideration of the Supreme Court verdict which upheld the provisions of the Prevention of Money Laundering Act.

When Singhvi said that Kejriwal's petition is not challenging any PMLA provisions, Justice Khanna insisted that it will have to go before the 3-judge bench. Justice Khanna said that the impression conveyed to him by the office staff was also that the Special Bench has to hear the matter.

Justice Khanna told Singhvi that the Special Bench will assemble today after hearing the regular bench matters.

In February, the very same bench had refused to entertain the petition filed by Jharkhand CM Hemant Soren against his ED arrest, asking him to approach the High Court.

Seeking an urgent midnight hearing, he filed a writ petition under Article 32 of the Constitution challenging the arrest by the ED last night subsequent to his arrest. 

The Enforcement Directorate (ED) late in the evening of Thursday arrested Delhi Chief Minister Arvind Kejriwal in the money laundering case related to the alleged liquor policy scam.

Earlier yesterday, a division bench of Delhi High Court denied interim protection by the Delhi High Court from coercive action by the ED. “We have heard both sides. However, at this stage, we are not inclined [to pass any order],” a division bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain had said, while denying a direction of no coercive action.

Following the decision of the court, a 12-member team of the probe agency reached his residence in the evening to conduct search and served the summons on him.

CM Kejriwal has skipped 9 ED summons, claiming that they are illegal. ED has filed two criminal complaints against the Minister, alleging non-compliance of the summons. Last week, he appeared before the ACMM court and was granted bail in the case for non-compliance of the summons, subject to conditions.