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SWARANA KANTA SHARMA
Arvind Kejriwal – Appellant
Versus
Directorate of Enforcement – Respondent
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JUDGMENT
The Decision
Swarana Kanta Sharma, J.—
Exordium
On 21.03.2024, a search was conducted by the Directorate of Enforcement at the official residence of Sh. Arvind Kejriwal, petitioner herein, who is the Chief Minister of the State of Delhi. After the search, he was served with grounds of arrest and was arrested on the same day at 09:05 PM by the Directorate of Enforcement in connection with ECIR No. HIU-II/14/2022 regarding his involvement in the offence of money laundering with regard to Delhi Excise Policy 2021-2022. After arrest, petitioner was produced before the learned Special Judge (PC Act) CBI-09 (MP/MLA Cases), Rouse Avenue Courts, Delhi (‘learned Special Court’), where the Directorate of Enforcement had sought his custody for the purpose of interrogation which was granted vide order dated 22.03.2024.
2. During the hearing of the present case, this Court was informed that after filing of the present petition, the learned Special Court was pleased to further extend remand of the petitioner to custody of the respondent vide another order dated 28.03.2024 till 01.0
(1) Delhi liquor scam – Arrest of petitioner Arvind Kejriwal, Chief Minister of State of Delhi is not illegal.(2) Law of approver is more than 100 years old – It is Court of law that evaluates credib....
The court upheld the legality of the arrest and remand of the petitioner under the Prevention of Money Laundering Act, emphasizing the necessity of compliance with legal procedures and the petitioner....
(1) Legality of arrest – Power to arrest is fenced with preconditions and requirements, which must be satisfied prior to arrest of a person.(2) Legality of arrest – Delhi liquor scam – Special Court ....
The court emphasized that for bail under PMLA, satisfaction of twin conditions is mandatory, confirming the need for reasonable grounds against guilt and potential for re-offense. Balancing the sever....
The court upheld the legality of the petitioner's arrest under the PMLA, emphasizing the necessity of compliance with statutory safeguards and the scope of judicial review.
The court upheld the legality of the arrest under the Prevention of Money Laundering Act, confirming compliance with statutory requirements, including timely communication of grounds for arrest.
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
The court ruled that the arrest of the petitioner was unlawful due to insufficient evidence linking him to illegal mining, which is not a scheduled offence under the Prevention of Money Laundering Ac....
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
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