The Supreme Court of India yesterday heard Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest. While the CM's counsel contended that his arrest was illegal and was done merely based on suspicion, the apex court made some strong remarks. Appearing for Kejriwal, senior lawyer Abhishek Singhvi said that a person can be arrested only on evidence of guilt. Referring to Section 45 of the Prevention of Money Laundering Act, Singhvi contended that the investigating agency had not recorded the statement of the Delhi Chief Minister, said reports.
However, the top court reacted sharply to this saying that the petitioner is contradicting his own statement. "Are you not contradicting yourself by saying that his statements under Section 50 of the PMLA were not recorded?" said the court adding that first the CM did not appear on summons for recording of statements under Section 50 and now saying it was not recorded. Arvind Kejriwal had refused to appear before the Enforcement Directorate despite the probe agency issuing nine summons to him.
Kejriwal has moved the Supreme Court challenging his arrest by the Enforcement Directorate in the Delhi liquor policy case. Kejriwal contended that his arrest was illegal, politically motivated and aimed at toppling the Delhi government.
According to reports, the top court noted that the petitioner cannot take the defence that his statement was not recorded because he did not go for it when summoned. To this, Singhvi responded, "Non-recording of Section 50 statements is not a defence to arrest me for reasons of believing there is guilt...The ED came to my house to arrest me. Then why can't ED record my statement under Section 50 at my house?" he added.
The Enforcement Directorate has submitted before the court that Kejriwal was avoiding interrogation while recording his statement under Section 17 of the PMLA. The ED also accused the CM of being evasive and uncooperative.
The top court also asked why Kejriwal did not file a plea for bail in the trial court, Singhvi told the bench of Justices Sanjiv Khanna and Dipankar Datta that they have approached the Supreme Court as it has 'wider jurisdiction'.
Arvind Kejriwal was arrested on March 21 and is currently lodged in Tihar jail. The hearing in the case will continue today.
