New Delhi, April 10 (HS): Aam Aadmi Party founder and Chief Minister Arvind Kejriwal, arrested by the Enforcement Directorate (ED) in the alleged liquor scam case of Delhi government, has filed a petition in the Supreme Court challenging his arrest.
Earlier, Kejriwal had appealed to Delhi High Court. On April 09, a bench headed by High Court Justice Swarnakanta Sharma had ordered to dismiss the petition. The High Court had said that this petition is not a bail petition but the arrest has been challenged in it.
The High Court had said that whenever an accused is made a government witness, it is the work of a judicial officer and not of the investigating agency ED. It is not for the court to decide who gave money to which party to contest elections. The court does not have to consider who gave money to which party in the form of electoral bonds. If Kejriwal wants, he can cross-examine the witnesses. This is a trial matter and not a High Court matter. The High Court had said that the investigating agency can investigate anyone.
Citing the example of Amanatullah Khan’s decision, the court said that even public figures should not be spared.
The High Court had said that Kejriwal has been ignoring the summons since last year. In such a situation, it cannot be said that the arrest has been made keeping the elections in mind. Courts are bound by law and not by politics. Judges are bound by the Constitution. The job of the judiciary is to interpret the law and in this it does not take anyone’s side, it does not get involved in politics. In the cases of political personalities, the court has to look only at the law and politics is not necessary for it.
The High Court is concerned with constitutional morality and not with political morality. In this case also the court considered only legal facts. The High Court had said that the statements of hawala dealers in the 2020 Goa Assembly elections show that money was used in that election. The court referred to the statement of ND Gupta. It is noteworthy that Kejriwal is currently in judicial custody till April 15.
