Delhi liquor scam: What are the options available for arrested Delhi CM Arvind Kejriwal?

Before the 2024 general elections, there was chaos within the Aam Aadmi Party (AAP) when the Delhi Chief Minister, Arvind ...

Before the 2024 general elections, there was chaos within the Aam Aadmi Party (AAP) when the Delhi Chief Minister, Arvind Kejriwal, was arrested by the Enforcement Directorate (ED) team on March 21. He’s being accused of being part of a liquor scam. This action by the ED follows a string of arrests involving other party members, such as former Delhi Deputy Chief Minister Manish Sisodia and AAP Rajya Sabha member Sanjay Singh.

Kejriwal was arrested by the ED from his home. He had been avoiding summons for about a year. This happened after the Delhi High Court declined to shield Kejriwal from action in the liquor investigation. The ED officials came to Kejriwal’s house with a warrant to search. There were talks about questioning and arresting him, leading to protests by party supporters outside his residence.

Notably, the Delhi High Court, while declining interim relief to Kejriwal, scheduled further deliberation on the matter for April 22. ASG SV Raju, who was representing the ED had said, “This (application) is not maintainable. No interim relief can be made out. They can’t put the cart before the horse. He can’t jump the gun. The court has to hear us on maintainability first. They need to demonstrate first that it’s maintainable. Without that, they cannot get (interim relief).”

The Delhi High Court didn’t give immediate help to Kejriwal but decided to discuss the matter further on April 22. ASG SV Raju, representing the ED, said, “This is not maintainable. No interim relief can be made out. They can’t put the cart before the horse. He can’t jump the gun. The court has to hear us on maintainability first. They need to demonstrate first that it’s maintainable. Without that, they cannot get.”

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Kejriwal’s next step might be to apply for bail in the lower court. If that doesn’t work, his second option could be to appeal to either the High Court or the Supreme Court to challenge the legality of his arrest.

Considering the past rejection of similar pleas in higher courts, as seen in Sanjay Singh’s legal cases, Kejriwal’s legal team might encounter similar challenges. However, recent Supreme Court directives require the ED to provide reasons for his arrest. With pressure building, Kejriwal’s legal team is preparing to request an urgent hearing from the Supreme Court tomorrow.

Until then, Kejriwal’s legal team will be preparing the necessary documents.

Reports from officials suggest that Kejriwal will be brought before a special PMLA court on Friday (March 22), where the ED will request custody of the CM for questioning.

Under the law, Arvind Kejriwal isn’t required to resign from his position as Delhi’s Chief Minister. Resigning is ultimately a personal decision for him. Even if he is imprisoned, he still has the ability to govern from jail. This includes conducting cabinet meetings and signing documents, but he would need prior approval from the court, following the jail’s regulations, as per reports.
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