A hearing was conducted today in the Supreme Court regarding the petition filed against the arrest of Delhi CM Arvind Kejriwal. During the session, the Supreme Court posed five questions to the Enforcement Directorate (ED) concerning Kejriwal’s arrest. The next hearing is scheduled for Friday, during which ED lawyer SV Raju will need to address these inquiries in court.
The involvement of the petitioners
The first question raised by the Supreme Court inquired whether criminal proceedings can be initiated without judicial proceedings in the context of the current situation. Since no attachment action has been taken thus far, the court sought clarification on how the petitioners are implicated in the case.
Concerning the Manish Sisodia case
The court’s subsequent question pertained to the connection between the cases of Arvind Kejriwal and Manish Sisodia. It sought clarification on the correlation between these issues if conclusions vary.
Interpretation of Section 19
In its third query, the Court sought the petitioner’s interpretation of the breadth of Section 19, which places the burden on the prosecution rather than the accused. The court deliberated on whether this broad interpretation affects regular bail, especially considering the accused are facing Section 45 where the onus has shifted.
Protection of life and liberty
The fourth question referred to Section 8, emphasizing the importance of life and liberty. It questioned whether, in light of the time gap between proceedings initiation and arrest, the provision’s 365-day limit should be considered in bail matters, or if alternative measures should be explored to avoid arrest.
Timing of arrest
In the final question, the court queried the timing of Kejriwal’s arrest, which occurred just before the general elections. Setting the next date for response, the court instructed the ED to address these questions comprehensively during the upcoming hearing on Friday afternoon.
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