Will 'Kingpin' Kejriwal Get Relief Like Sanjay Singh? How Things Are Different

New Delhi: Soon after the Delhi High Court pronounced the verdict against Chief Minister Arvind Kejriwal, the Aam Aadmi Party expressed hope that the Supreme Court would grant relief to its convener, currently lodged in Tihar jail. For the unversed, 'jailed' Delhi Chief Minister Arvind Kejriwal suffered a massive setback as the Delhi HC dismissed his petition challenging his arrest in a money laundering case stemming from the alleged excise scam, saying there was no contravention of legal provisions. Later, addressing a presser after HC's ruling, senior AAP leader and Delhi minister Saurabh Bharadwaj asserted that the party would move the Supreme Court against Kejriwal's arrest. 

However, the prospect of the Supreme Court extending comparable relief to Kejriwal, akin to that of AAP leader Sanjay Singh, remains uncertain, as it depends on the specific circumstances of Kejriwal's case and the court's interpretation of the law. But the apex court, while hearing Singh's plea had made it clear that "bail can't be treated as precedent". Therefore, Sanjay Singh's bail order might not provide significant assistance to other jailed AAP leaders, including Kejriwal.

What Happened During Sanjay Singh's Bail Hearing? 

A bench of justices Sanjiv Khanna, Dipankar Datta and P B Varale ordered the release of Sanjay Singh, observing that no money had been recovered from his possession and there was no trace of it. Additional Solicitor General SV Raju, appearing for the Enforcement Directorate (ED), said he has taken instructions from the probe agency and it has no objections if Singh is enlarged on bail.

"I am making the statement without going into the merits of the case and keeping all the rights and contentions open," he had said.

The bench had clarified that the bail was granted to Singh on the concession granted by the ED and not on merits. The top court granted bail to Singh while hearing his plea challenging the denial of bail by the Delhi High Court and an appeal challenging his arrest and remand in the money laundering case. 

How Things Are Different For ‘Kingpin’ Kejriwal

However, in Kejriwal's case, the Enforcement Directorate (ED) called Delhi CM Arvind Kejriwal the 'Kingpin' in the liquor scam case along with other ministers and AAP leaders. The ED had told Special Judge Kaveri Baweja at the Rouse Avenue court that Kejriwal received several crores of rupees as ‘kickbacks’ from the 'South group' for formulating and implementing the Delhi Excise Policy 2021-22. 

ED's 10 Charges Against Delhi CM Arvind Kejriwal

• Kejriwal demanded Rs 100 crore from some accused from 'South group' for contesting the Punjab elections.
• Kejriwal was directly involved in the implementation of the policy, and gave favour to the South Group
• The money trail showed that Rs 45 crore ‘kickback’ used in the Goa elections came from 4 hawala routes.
• Statements of the accused and witnesses have been corroborated by Call Detail Records (CDR).
• AAP is not an individual but a company, and every person responsible for the conduct of the company will be held responsible.
• Manish Sisodia provided the new draft of liquor policy to Vijay Nair who was the pinpoint man of Arvind Kejriwal. Vijay Nair used to live adjacent to the residence of Arvind Kejriwal. This residence was otherwise allotted to Kailash Gahlot the present transport minister.
• Vijay Nair acted as a middleman between the AAP and the South Group lobby.
• Arvind Kejriwal was in touch with Sharath Reddy and asked him to trust Vijay Nair
• Rs 300 Crore given to AAP by K Kavitha. 
• Kejriwal is involved in the use of proceeds of crime.  

Massive Setback to ‘Kingpin’ Kejriwal: What Transpired  in Delhi HC

Justice Swarana Kanta Sharma said the Enforcement Directorate had 'enough material' which led to Kejriwal's arrest, and the trial court remanded him in the custody of the agency by a well-reasoned order. 

"The court is of the view that the arrest of Arvind Kejriwal was not in contravention of legal provisions. The remand can't be held to be illegal," said Justice Sharma while delivering the verdict. She read out the judgement for 25 minutes and also explained certain portions of her decision in Hindi. The court clarified that it was not dealing with Kejriwal's bail plea but his writ petition challenging the arrest on certain grounds.  

It emphasised that the law applied equally to all and courts were concerned with constitutional morality and not political morality, apparently referring to Kejriwal and his AAP claiming that he was arrested to put his party's Lok Sabha poll campaign in jeopardy. 

"This court observed that political considerations and equations cannot be brought before a court of law as they are not relevant for legal proceedings. In the case at hand, it is important to clarify that the matter before this court is not a conflict between the central government and petitioner Kejriwal. Instead, it is a case between Kejriwal and Directorate of Enforcement," Justice Sharma said.