The Delhi High Court did not allow any interim relief to Arvind Kejriwal who is in the custody of the Enforcement Directorate (ED) as the high court only issued notices regarding Kejriwal’s plea and posted the matter for further hearing on April 3. A bench of Justice Swarana Kanta Sharma issued a notice to the ED on Arvind Kejriwal’s plea seeking immediate release and declaring his arrest and remand as illegal and asked the agency to reply within April 2.
The high court rejected the contention of AM Singhvi, the senior advocate who appeared for Kejriwal, and argued that no reply from ED was required. It is duty-bound to hear both sides fairly keeping in mind the principles of natural justice and hence ED’s reply is essential and crucial to deciding the present case, the court said.
“Thus, having regard to the nature of issues raised in this petition, this Court believes that the respondent has to be granted an opportunity to file a reply, as an opportunity for effective representation, and declining this opportunity would amount to the denial of fair hearing as well as violation of one of the principles of natural justice i.e., audi- alteram partem, which applies to both the parties and not one,” the court added.
The present remand will conclude tomorrow with ED likely to produce the Delhi CM in court on Thursday. Concerning the Delhi liquor probe, the ED arrested Kejriwal last Thursday and sought a six-day custody starting from March 22. The directorate may seek an extension of Kejriwal’s custodial remand or court directions for sending him into judicial custody.
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Kejriwal’s health concern
Kejriwal, who is a diabetic patient, has been experiencing fluctuating sugar levels. His sugar level went as low as 46, sources said.
Sunita Kejriwal, his wife, said Kejriwal’s health has deteriorated in the ED custody in a press meeting on Wednesday.
“My prayer is release me now,” Kejriwal’s counsel Singhvi told the court. Additional Solicitor General S V Raju, appearing for the agency, said the “bulky” petition was served upon them only on Tuesday, and three weeks should be given to bring their stand on record. For interim relief as well, appropriate time should be given to respond, he said. Singhvi alleged that the request to file a response was motivated and a delay tactic. The challenge is to the foundation of arrest and there are several “glaring issues” that need an immediate decision by the high court either way, the senior lawyer added. “Democracy itself is involved. A basic structure is involved. A level playing field is involved. Even an hour spent in custody is far too long if arrest is illegal,” Singhvi said.
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