Justice Swarana Kanta Sharma issued notice on the AAP leader’s petition challenging his arrest and the subsequent remand to the ED’s custody, and asked the agency to file its response to it as well as his plea for interim relief of release before April 2.
New Delhi: The Delhi High Court on Wednesday declined to consider a plea filed by Delhi Chief Minister Arvind Kejriwal for interim release in a money laundering case in connection with the liquor policy scam.
A bench of Justice Swarana Kanta Sharma said it will be unfair to not give an opportunity to the Enforcement Directorate to furnish a detailed response to rebut a writ petition and other documents filed by Kejriwal.
The court also said declining the opportunity to file a reply would amount to denial of fair hearing as well as violation of one of the principles of natural justice, applicable to both the parties and not just one of them.
The bench also said, “Any release order from custody will amount to enlarging the accused/petitioner on bail or interim bail, as an interim measure. The writ jurisdiction under Article 226 of the Constitution is not a ready substitute for recourse to the remedy of bail under Section 439 of the CrPC ordinarily.”
The court, however, issued notice to the ED on the plea to declare Kejriwal’s arrest on March 21, 2024 as illegal, arbitrary, and unconstitutional and to set aside the order of remand passed on March 22, 2024. It asked the ED to file a reply on April 2, 2024 and fixed the matter for final disposal on April 3, 2024.
The court rejected a contention by senior counsel A M Singhvi, appearing for the petitioner, that no reply is required to be filed on behalf of the ED.