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SANJIV KHANNA, DIPANKAR DATTA
Arvind Kejriwal – Appellant
Versus
Directorate of Enforcement – Respondent
Headnote: Read headnote
2. Arvind Kejriwal in this appeal has challenged the order and judgment passed by the trial court and the High Court of Delhi, upholding his arrest by the Directorate of Enforcement1[For short, ‘DoE’] on 21.03.2024.
3. A number of legal pleas and issues have been raised, including the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002. We have heard learned counsel appearing for both the appellant as well as DoE at some length, albeit hearing is yet to conclude and considered decision will take time.
4. In view of the prolongation of proceedings, in the hearing held on 03.05.2024, we had put the parties to notice, that the Court may examine the question of grant of interim bail/release. Accordingly, we have heard arguments on the said aspect.
5. DoE had registered ECIR No. HIU-II/14/2022 on 22.08.2022 pursuant to registration of the predicate offences by the Central Bureau of Investigation2[For short, ‘CBI’] on 17.08.2022 in RC No. 0032022A0053 under Section 120-B read with Section 447A of the
(1) Bail jurisprudence is a facet of a civilised criminal justice system. An accused is innocent until proven guilty by a competent court following the due process.
(2) Delhi Liquor scam – Power t....
The court established that compliance with the statutory requirements of the Prevention of Money-Laundering Act, particularly regarding arrest and production before a judge, is crucial in determining....
Prolonged incarceration without trial infringes the right to liberty; bail is the rule, jail is the exception.
Prolonged incarceration without trial may violate constitutional rights, enabling courts to grant bail, highlighting the balance between individual liberty and the severity of charges.
The right to know a candidate's criminal background is essential for informed voting, and courts can intervene to enforce this right, especially when candidates evade legal processes.
The right to contest elections is a statutory right, not a fundamental right, allowing restrictions based on criminal background to protect electoral integrity.
Prolonged pre-trial detention without reasonable trial prospects warrants constitutional safeguards, allowing for bail despite stringent statutory requirements under UAPA.
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