In an urgent turn of events, the Supreme Court of India has agreed to hear a plea from the Delhi Chief Minister, Arvind Kejriwal.
The plea challenges his recent arrest by the Enforcement Directorate (ED) over accusations tied to the Delhi liquor policy case.
History of Legal Proceedings
Chief Minister Kejriwal, who has avoided multiple summonses from the Enforcement Directorate, citing their illegality, found himself in a legal bind when he was detained late Thursday evening.
The arrest came on the heels of a Delhi High Court decision that did not provide him interim protection from the ED’s coercive action. A bench consisting of Justices Suresh Kumar Kait and Justice Manoj Jain declined to pass an order against the action, paving the way for his arrest.
Upon the rejection of interim protection, the ED dispatched a 12-member team to the Chief Minister’s residence to carry out a search operation and deliver his summons.
Supreme Court Steps In
Senior Advocate Dr. Abhishek Manu Singhvi took the matter before the Chief Justice of India, D.Y. Chandrachud. The Chief Justice directed the plea to a Special Bench, ushering in rapid legal consideration given the weight of the case.
The Special Bench responsible for reviewing the plea includes Justices Sanjiv Khanna, M.M. Sundresh, and Bela Trivedi. While initially convened to hear a related matter involving BRS leader K Kavitha, it will now also address Kejriwal’s writ petition.
Justice Khanna’s bench, after completing its scheduled hearings, will prepare to address this high-profile case, one not challenging the Prevention of Money Laundering Act provisions but rather the propriety of the arrest procedure.
Legal Framework and Past Incidents
This isn’t the first time a state Chief Minister has sought relief from the Supreme Court following action by the ED. In February, Jharkhand CM Hemant Soren’s petition against his ED arrest was dismissed by the same bench, which suggested seeking a resolution with the High Court.
Kejriwal’s writ petition, filed under Article 32 of the Constitution, demanded a swift midnight hearing, highlighting the intensity and urgency of his legal team to contest the arrest executed by the ED.
Response from Kejriwal and the Political Arena
While Arvind Kejriwal and his team have described the summonses and subsequent arrest as unjust, the counter-argument from the ED points to non-compliance issues. Previously, Kejriwal had been granted bail on the non-compliance charges under strict conditions.
Within the political realm, these developments have stirred conversations on administrative autonomy and the balance of power. It also raises questions regarding the relationship between state governments and central investigative agencies.
The Road Ahead
The nation now watches as the Supreme Court entertains Chief Minister Kejriwal’s plea. As the judiciary sets its course to hear the case, this incident stands at the juncture of legality, politics, and federal structure, carrying implications that might resonate well beyond Delhi’s borders.
With the court deciding to convene and deliberate the legitimacy and the conditions surrounding Kejriwal’s detention, the following days promise to cast a long shadow on how high-level political figures and law enforcement agencies interact.
This story is ongoing. More details will emerge as the Supreme Court hears the case and delivers its judgment on the validity of the arrest and the subsequent legal discourse.
