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Given the rejection of similar pleas in higher courts in the precedents set by Sanjay Singh’s legal battles, Kejriwal’s legal team might face the same uphill battle.
Ahead of the general elections 2024, the Aam Aadmi Party (AAP) was thrown into turmoil as Delhi Chief Minister Arvind Kejriwal was apprehended by the Enforcement Directorate (ED) team on Thursday (Mar 21) for his alleged involvement in the liquor scam. The ED’s move comes after a series of arrests in the case of other party leaders, including former Delhi Deputy Chief Minister Manish Sisodia and AAP Rajya Sabha member Sanjay Singh.
Kejriwal’s was arrested by ED from his residence. The Delhi CM had been evading summons over the past year.
This comes after the Delhi High Court recently refused to provide Kejriwal with protection from coercive action in the liquor probe.
Notably, the ED officials arrived at Kejriwal’s residence with a search warrant. Soon, speculations started to swirl regarding the possibility of interrogation and arrest as party workers began protests outside the residence of the chief minister.
Notably, the Delhi High Court, while declining interim relief to Kejriwal, scheduled further deliberation on the matter for April 22. ASG SV Raju, who was representing the ED had said, “This (application) is not maintainable. No interim relief can be made out. They can’t put the cart before the horse. He can’t jump the gun. The court has to hear us on maintainability first. They need to demonstrate first that it’s maintainable. Without that, they cannot get (interim relief).”
He was speaking about Kejriwal’s main petition where the CM challenged the summons.
However, now the arrest has altered the legal situation. Kejriwal’s options for relief now pivot towards challenging his detention. The possibility of direct relief from the Supreme Court appears bleak and so Kejriwal will have to explore alternative avenues for legal recource.
His immediate course of action could be to seek bail from the lower court. If not, his second option would be to appeal to the High Court or Supreme Court challenging the legitimacy of his arrest.
In light of recent Supreme Court directives, the ED has to furnish grounds for his arrest. Amid mounting pressure, Kejriwal’s legal team is gearing up to petition the Supreme Court for an urgent hearing tomorrow.
Till then, the CM’s legal team will be preparing the required documents.
Also, as per reports citing officials, Kejriwal will be taken to appear before a special PMLA court on Friday (Mar 22) where ED will seek custody of the CM for interrogation.
Moreover, according to law, Arvind Kejriwal isn’t obligated to step down from his role as Delhi’s Chief Minister. The law doesn’t mandate his resignation.
Whether or not to resign is ultimately a moral choice for the sitting CM. Even if he were to be incarcerated, he retains the ability to govern from jail. This entails conducting cabinet meetings and signing documents, subject to prior approval from the court in accordance with the jail manual, reports said.
(With inputs from agencies)
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