38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

SC asks ED to come clean on timing of arrest of Arvind Kejriwal

By Jhanak Singh      01 May, 2024 11:59 AM      0 Comments
SC asks ED to come clean on timing of arrest of Arvind Kejriwal

NEW DELHI: The Supreme Court on Tuesday asked the Enforcement Directorate to come clean on timing of arrest of Delhi Chief Minister Arvind Kejriwal before the general election, as life and liberty are exceedingly important.

A bench of Justices Sanjiv Khanna and Dipankar Datta posed a series of questions to Additional Solicitor General S V Raju, appearing for the ED, after hearing senior advocate A M Singhvi, on behalf of the Delhi CM.

The apex court asked Raju to give his response on May 3.

Kejriwal challenged validity of his arrest of March 21 by the ED in a money laundering case in Delhi liquor policy scam.

The bench also asked the ED that no attachment action has been taken so far in this case, and if it has been done, then show how Kejriwal is involved in the matter.

“If there are some proceeds, then you have to show how was petitioner…as far as Manish Sisodia’s case is concerned there two parts of the judgment (a) one is with regard to where there are finding in favour; (b) where findings are against Manish Sisodia. So, which case does this case fall under ‘A’ or ‘B’,” the bench asked Raju.

The court also noted that Section 19 of the Prevention of Money Laundering Act casts a fairly high onus on the prosecution. Hence, the accused is not opting for bail, because then he will have to convince the court that he is not guilty.

"What they believe is threshold of Section 19 (PMLA), which casts onus on the prosecution and not on the accused is fairly high, therefore asking them to go for regular bail they do not get that advantage because they are confronted with Section 45 (PMLA), the onus shifts on them. That is why they are repeatedly on Section 19,” the bench said.

The bench also asked, “Therefore, to what extent do we interpret it? Do we put the burden much higher, and comparable with what court normally court would do at the time on basis of assuming all the allegation is correct but at the same time ensuring the standard would be the same as to find a person as guilty, which is benefit of doubt and all other things coming in and evaluation must be complete and thorough”.

The bench also asked that the last point “which bothers is the time gap which is taking between initiation of proceedings and repeated complaints being filed after some time. All has its consequence…if you see Section 8, there is a limit of 365 days... beyond 365 days what will happen…though it is in the bail matter we may not be going into that".

The other way is don’t arrest, life and liberty is very exceedingly important, you cannot deny that, the bench asked Raju.

Singhvi, on part of Kejriwal, contended that no “proceeds of crime” have been recovered so far by the ED and that PMLA envisaged a high threshold for arrest.

He said that mere non-cooperation could not be a ground for his client’s incarceration by the law enforcement agency.

Singhvi said there is no trace of proceeds of crime coming to Kejriwal and there is also lack of proof of direct involvement of his client. Singhvi insisted that no adverse finding was recorded against Kejriwal in the apex court’s judgment denying bail to former deputy chief minister Manish Sisodia.

Singhvi also said that no statement under Section 50 of the PMLA has been recorded so far.

He said in connection with the Goa elections, the ED says funds for campaigning were sent to the AAP national convenor and it does not say crime proceeds came through the Delhi CM. Singhvi insisted that prima facie there is a lack of clarity about the involvement of Kejriwal.

In his recent rejoinder filed in the top court, Kejriwal has questioned before the court the mode, manner, and timing of his arrest just before the Lok Sabha elections and after imposition of the Model Code of Conduct, contending it was an unprecedented assault on the tenets of democracy based on free and fair elections and federalism.

 



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS


TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email