New Delhi: Delhi Chief Minister Arvind Kejriwal’s lawyer told the Supreme Court on Monday that his arrest is illegal. Senior lawyer Abhishek Manu Singhvi said that his name was not included in 10 documents till December 2023. According to the Prevention of Money Laundering Act, he has been arrested without any statement and recording. He said that the power to arrest(arrested ) is not the same as the necessity to arrest. The crime has to be brought to light, action cannot be taken merely on the basis of suspicion. Section 45 PMLA also has some limitations.
CM Kejriwal has challenged his arrest in the Supreme Court and filed an application for interim release, arguing that since the arrest is illegal, his subsequent detention is also illegal.
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Asked why Kejriwal did not file a plea for bail in the lower court, Singhvi told a bench of Justices Sanjiv Khanna and Dipankar Datta that he had approached the Supreme Court for bail because it has “broad jurisdiction”. .
The arrest took place on March 21
The Enforcement Directorate had arrested Kejriwal on March 21 after the Delhi High Court refused to provide security. The Chief Minister is currently lodged in Tihar Jail. Arvind Kejriwal has said against the arrest that the court’s refusal to provide security cannot be the basis for arrest.
In his affidavit, Kejriwal has condemned his arrest as politically motivated and argued that its purpose is to give undue advantage to the ruling party during the ongoing general elections. He argued that this case is a prime example of misuse of investigative agencies by the central government to harass political opponents.
The Enforcement Directorate has argued that Kejriwal’s arrest was necessary due to his “complete non-cooperative attitude”. The affidavit states that Kejriwal was avoiding questioning by not appearing before the investigating officer despite being summoned nine times and while recording his statement under Section 17 of the PMLA, he was evasive and non-cooperative. The hearing of this case will continue tomorrow also.