Excise Policy Case: Delhi HC Dismisses Arvind Kejriwal's Plea Against Arrest

The Delhi High Court on Tuesday upheld the arrest of Delhi Chief Minister Arvind Kejriwal in the excise policy - money laundering case against him.

The order pronounced by Justice Swarna Kanta Sharma gives weightage to the material collected by the enforcement directorate against Kejriwal. 

ED Alleges Kejriwal’s personal involvement in formulation of excise policy

The court relied on ED’s submission stating that the Delhi Chief Minister was not only actively involved in formulation of the excise policy but also used the illegal proceeds for campaigning in Goa legislative assembly elections in 2022. 

Taking a cue from Section 70 of Prevention of Money Laundering Act, the court deemed Kejriwal vicariously liable in ED’s case against him. For the uninitiated, Section 70 of the said Act makes every person in charge of conduct of a company’s business guilty on contravention of the provisions of PMLA.

Kejriwal questions timing of arrest

Countering the aspect of vicarious liability, Kejriwal reportedly argued that AAP, being a political party, cannot be deemed as a company to attract the provisions of Section 70 of PMLA. The Delhi Chief Minister also questioned the timing of the arrest, calling it a malafide strategy of the ruling BJP government to hinder AAP’s 2024 election campaign.

However, the Delhi High Court affirmed that the Petitioner has been arrested in money laundering case and court has to examine his arrest and remand as per law irrespective of the timing of the elections.