GG News Bureau
New Delhi, 10th April. Tuesday saw the arrival of the Delhi High Court’s eagerly awaited ruling on Arvind Kejriwal’s arrest. Arvind Kejriwal had contested his detention in the Delhi High Court, arguing that it was unlawful and that he wasn’t entitled to an arrest. According to his attorney, he didn’t need to be arrested in this particular situation. The law has been broken by the Enforcement Directorate. The Delhi High Court made it abundantly evident in its ruling that Arvind Kejriwal’s detention was entirely lawful and that the investigating agency had complied with all legal requirements. The petition filed by Arvind Kejriwal was denied by the High Court.
During the case hearing, the judge issued multiple observations against Arvind Kejriwal and addressed every query put forth by his attorney, Abhishek Manu Singhvi. Abhishek Manu Singhvi, Arvind Kejriwal’s attorney, has primarily brought up two points. One: Arvind Kejriwal was taken into custody following the release of the election notification in order to prevent him from participating in the campaign. The court ruled that we are not concerned with this. Who issues the tickets, who runs for office, and whether or not an election notification has been sent out are all irrelevant to us. Law operates under its own conditions. One could argue that there would have been no legal challenge to the arrest if it had taken place prior to the election notification. The High Court declared that whether or not an election notification has been sent out is immaterial to the court. About the matter of providing a witness in Andhra Pradesh with a ticket, the court declared that it did not care who gave the ticket or who did not.
It was also questioned whether the Bharatiya Janata Party received donations through electoral bonds from the business of one of the individuals who attained the status of government witnesses and approvers. The court ruled that it is likewise not our business to determine who receives donations. The court made it very evident that a money trail on the fraudulent funds utilized for the Goa elections had been established, based on the testimonies made by Hawala operators and approvers. The High Court declared that a money trail has been established in response to repeated inquiries over whether or not an ED money trail has been established.
Arvind Kejriwal’s accountability was set by the court in two different ways. As the Chief Minister, he had the authority to affect and modify the policy. Secondly, as the Aam Aadmi Party’s National Convenor, he has the ability to impact the party’s decisions. As the Aam Aadmi Party convener and a private citizen, the ED has thus far provided the court with enough proof to support the allegations made against him.
This was emphasized by Abhishek Manu Singhvi in court as the second main issue—that is, that one cannot trust the assertions made by individuals who have become approvers. By exerting pressure on those individuals, approvers have been created. Prior to making the adjustment, his statement was different. As per the court’s ruling, inquiries concerning the approver’s statement are directed at the court rather than the investigating agency.
In accordance with section 164, the magistrate requests the approver’s statement. That is a component of the legal system. It indicates that you are challenging the court if you disagree with the approver’s claims. The statement made by the approver is not documented by the investigating agency. No approver’s statement has been recorded by the investigating agency. You are unable to challenge it as a result. This approval procedure, custom, or legislative clause is a century old and not current. In no case has the Supreme Court expressed doubts or disapproval about the approver’s assertion. Thus, casting doubt on the approver’s declaration and its veracity is akin to casting doubt on the court’s legitimacy.
The Aam Aadmi Party’s arguments were all dismissed by the High Court. He also challenged the idea that two different kinds of laws could not coexist. This court cannot make laws that benefit the Chief Minister and the general public differently from one another. Everyone is subject to the same laws. Because of your uniqueness, you will be subject to different laws; this cannot occur. This has nothing to do with the court, regardless of whether you are running for office or not, whether you are campaigning in the elections or not, or if the elections are still ongoing. The legal system and the Constitution are matters of importance to the court.
The credibility of Arvind Kejriwal and the opposition alliance as a whole has been called into doubt by the Delhi High Court’s judgment. In a manner, morality was brought up during the opposition alliance’s March 31 rally at Ramlila Maidan in support of Arvind Kejriwal. This gathering was organized in favor of someone who is considered an accused in the eyes of the court, but the court did not state as much. To bolster the accusations against him, the investigating agency has provided substantial evidence in court.
One may argue that the High Court’s ruling has bolstered Prime Minister Narendra Modi’s pursuit of holding the corrupt accountable. Anyone who now backs Arvind Kejriwal will be seen as endorsing corruption. For Arvind Kejriwal, there is currently no way out. He will undoubtedly stay behind bars until the elections. It is planned to increase Arvind Kejriwal’s court detention when he is produced again on the 15th. He, along with Manish Sisodia and Satyendra Jain, will stay behind bars.
Now, Aam Aadmi Party (AAP) leader and Chief Minister Arvind Kejriwal sought the Supreme Court on Wednesday after the Delhi High Court denied the appeal contesting his arrest in the liquor policy issue. The lawyer representing the leader of the Aam Aadmi Party (AAP) would bring up the issue with Chief Justice of India DY Chandrachud at roughly 10.30 am and request an expedited hearing.
What will happen to Delhi will now be the question? Will Arvind Kejriwal refuse to back down from his promise to lead the government from behind bars? The Lieutenant Governor of Delhi has stated that the people of Delhi are certain that they will not allow the government to be run out of jail. Delhites will need to take heed of this if he sticks to his guns.
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