| ASPECTS |
DETAILS |
| Case Title |
Arvind Kejriwal vs. Directorate of Enforcement |
| Introduction |
This case involves the appeal by Arvind Kejriwal against the judgment and order passed by the Delhi High Court, which rejected his Criminal Writ Petition challenging his arrest by the Directorate of Enforcement under the PMLA, 2002. |
| Factual Background |
- A complaint was made by the Lieutenant Governor of Delhi regarding the excise policy framed for the sale of liquor in NCT of Delhi, alleging criminal conspiracy and undue pecuniary gain to public servants.
- On 17.08.2022, the CBI registered a case under Section 120B read with Section 477A IPC and Section 7 of the Prevention of Corruption Act, 1988.
- The CBI filed a chargesheet and two supplementary chargesheets in 2022 and 2023, alleging conspiracy in the formulation of the excise policy.
- On 22.08.2022, the Directorate of Enforcement (DoE) recorded an ECIR based on the CBI’s RC. The DoE filed several prosecution complaints, naming Arvind Kejriwal as an accused in the Seventh Supplementary Prosecution Complaint on 17.05.2024.
- Arvind Kejriwal was arrested on 21.03.2024, following the registration of ECIR by DoE and investigations.
|
| Legal Issues |
- The legality of Arvind Kejriwal’s arrest under Section 19 of the PMLA.
- The scope and ambit of the trial court to examine the legality of the arrest under Section 19 of the PMLA.
|
| Applicable Law |
- Indian Penal Code (IPC): Sections 120B and 477A.
- Prevention of Corruption Act, 1988: Section 7.
- Prevention of Money Laundering Act (PMLA), 2002: Section 19.
- Constitution of India: Articles 226 and 227.
- Code of Criminal Procedure, 1973 (CrPC): Section 482.
|
| Analysis |
- Criminal Conspiracy: The excise policy was allegedly formulated to benefit certain individuals in exchange for kickbacks.
- CBI Investigation: Detailed investigation by CBI leading to the filing of chargesheets and the involvement of senior government officials.
- DoE Investigation: Investigations by DoE leading to several prosecution complaints and the eventual arrest of Arvind Kejriwal.
- Court’s View: Examination of the “reasons to believe” and “grounds of arrest” provided by DoE and the legal presumption under Section 24 of PMLA.
|
| Conclusion |
The Supreme Court’s judgment focused on the legality of the arrest under Section 19 of the PMLA and the principles of proportionality and necessity in the context of fundamental rights. |
| Current Scenario |
Arvind Kejriwal remains under custody as the legality of his arrest and subsequent proceedings continue to be challenged. |
CASE SUMMARY– Delhi CM Arvind Kejriwal has appealed against the Delhi High Court’s judgment rejecting his writ petition challenging his arrest by the DOE under the PMLA, 2002. The case revolves around the alleged criminal conspiracy in the formulation of the excise policy for liquor sales in Delhi. The CBI and DoE investigations revealed undue pecuniary gain to public servants and the involvement of Arvind Kejriwal as a key conspirator. The Supreme Court’s judgment focused on the legality of his arrest and the principles of proportionality and necessity, with Arvind Kejriwal remaining under custody as legal proceedings continue.
SOURCE – SUPREME COURT OF INDIA
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