On Tuesday, Justice Swarna Kanta Sharma stated that Arvind Kejriwal, as the Aam Aadmi Party (AAP) national convenor, was involved in accepting bribes. Following this, Delhi Chief Minister Arvind Kejriwal appealed to the Supreme Court against the High Court’s rejection of his petition challenging his arrest and the Enforcement Directorate’s custody in the excise policy case on Wednesday.
The Supreme Court is scheduled to consider the case at 10:30 am, under either Chief Justice D Y Chandrachud or Justice Sanjiv Khanna.
The High Court, led by Justice Swarna Kanta Sharma, dismissed his plea on Tuesday, citing evidence that Kejriwal engaged in corruption within his role at AAP.
The court further emphasized that the evidence suggested Kejriwal was complicit with others in a scheme concerning liquor policy, noting, “The ED’s case indicates his involvement personally and as AAP’s convenor.”
Highlighting that no one, including the chief minister, is above the law, the High Court remarked that Kejriwal’s arrest and subsequent legal proceedings must adhere to the law, independent of any electoral timing.
The court refuted Kejriwal’s insinuations about the arrest timing before the General Elections, finding them unfounded against the Enforcement Directorate (ED), and critiqued his doubts on the legal process as undermining judicial credibility. “Judges are governed by law, not politics, and decisions are based on legal principles, not political motives,” the High Court stated.
The court confirmed that the ED possessed sufficient evidence for Kejriwal’s arrest, underscoring that the dispute was between Kejriwal and the ED, not the Central government. It stressed the importance of judicial impartiality, free from external influences.
Last week, the High Court, while reserving its judgment on Kejriwal’s petition, heard the ED’s argument against granting him immunity from arrest due to the upcoming elections, insisting that the law equally applies to him and the common man.
The anti-corruption body detained the Delhi Chief Minister on March 21, with Kejriwal currently in judicial custody in Tihar Jail until April 15.
He is accused of actively participating in a conspiracy tied to the excise policy that benefitted certain individuals, alongside allegations of accepting bribes from liquor vendors for favorable treatment, as per the ED.
Arvind Kejriwal’s move to approach the Supreme Court following the Delhi High Court’s decision not to entertain his plea challenging his arrest is a significant development in Indian politics and legal proceedings. This action underscores the complexity and high stakes involved in the legal battles of political figures.
To understand the implications, here are a few points to consider:
- Legal Recourse and Judicial Review: Kejriwal’s decision to move the Supreme Court highlights the process of judicial review in India, where decisions of lower courts can be challenged in higher courts. It is a demonstration of the layered checks and balances within the Indian judiciary.
- Political Implications: As a prominent political leader and the Chief Minister of Delhi, Kejriwal’s legal challenges can have considerable political implications. It could influence public opinion, impact the functioning of the government in Delhi, and have repercussions on the political landscape, affecting his party’s image and operations.
- Precedent for Political Cases: How the Supreme Court responds to Kejriwal’s plea can set a precedent for how similar cases are handled in the future. It could influence the judiciary’s approach to cases involving political figures, potentially affecting the balance between legal accountability and political considerations.
- Public and Media Attention: The case is likely to attract significant public and media attention. The narrative constructed around the case can influence public perception of the judiciary, the government, and Kejriwal himself. Media coverage and public discourse will play a crucial role in shaping the narrative surrounding this legal battle.
- Impact on Governance: Depending on the length and outcome of this legal challenge, there could be implications for governance in Delhi. Legal battles involving high-ranking officials can divert attention and resources away from governance, potentially affecting the administration’s ability to implement policies and projects.
- Legal Precedents and Interpretations: This case might delve into constitutional law, especially concerning the powers and protections afforded to elected officials. The Supreme Court’s interpretation could clarify or redefine aspects of the law, impacting not just Kejriwal but also other elected officials and the broader legal landscape in India.
In summary, Arvind Kejriwal’s move to challenge the Delhi High Court’s decision in the Supreme Court is not just about his legal battle; it’s a moment that could have wider implications for the political, legal, and governance landscapes in India. The outcome could influence judicial precedents, the balance of power between the state and the judiciary, and the public’s trust in both the political and legal systems.
