During the hearing, the Enforcement Directorate (ED) informed the Supreme Court that Kejriwal, the accused, had stayed at the 7-star Grand Hyatt hotel during the 2022 Goa Assembly election, with the bill reportedly paid by Chanpreet Singh, who allegedly received cash funds for AAP’s campaign.
Representing the ED, Additional Solicitor General (ASG) S V Raju asserted that the case was devoid of any political motives. “We are focused on evidence, not politics; and we possess it,” Raju emphasized.
Explaining the progression of the investigation, ED clarified to the court that initially, Arvind Kejriwal was not the primary focus, but his role became more apparent as the investigation advanced.
Justice Khanna, leading the bench, queried the ED about the delay in the investigation and the failure to address crucial inquiries. Raju responded, defending the pace of the investigating officer and justifying Kejriwal’s arrest.
Justice Sanjiv Khanna expressed concern during the hearing about the prolonged duration taken to uncover the case, especially given Kejriwal’s status as an elected CM, emphasizing the need for extraordinary circumstances to be considered for interim bail.
Solicitor General Tushar Mehta, also representing the ED, questioned the precedence set by Kejriwal’s case, asking whether other individuals were less significant than a CM.
The apex court, however, stressed the importance of a politician’s participation in elections, considering the impending national elections, albeit asserting that politicians should not receive differential treatment.
Mehta highlighted Kejriwal’s alleged evasion of ED summons, suggesting that his arrest could have been avoided had he complied earlier. He underscored the loss of valuable time in the process.
Noting that bail is granted even in serious offenses, the Supreme Court reiterated the exceptional nature of the case, highlighting Kejriwal’s lack of habitual offending or involvement in other cases.
The ED contended that if there is substantial evidence against a politically influential accused, their arrest cannot be deemed illegal, nor should it impede their electoral participation.
Meanwhile, a Delhi court extended Kejriwal’s judicial custody in the money laundering case until May 20.
Kejriwal, arrested on March 21, remains in Tihar Jail under judicial custody, following the Delhi High Court’s affirmation of his arrest on April 9, citing his repeated non-compliance with ED summonses.
The case pertains to alleged corruption and money laundering in the formulation and execution of Delhi’s now-defunct excise policy for 2021-22.
Kejriwal, claiming innocence in the liquor gate scam, had moved the Supreme Court on April 10, asserting that his arrest immediately after the Model Code of Conduct (MCC) was a tactic to disgrace him and his party.
ASG Raju countered, asserting the presence of ample evidence against Kejriwal, designating him as the primary conspirator in the Delhi liquor scam.
The Delhi High Court, in its ruling, deemed Kejriwal’s arrest lawful, emphasizing the legality of the remand.