The Supreme Court on Monday asked Delhi Chief Minister Arvind Kejriwal, who has been arrested in a money-laundering case related to the alleged excise policy scam, why he has not filed a bail application before the trial court.
A bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta was hearing the Aam Aadmi Party (AAP) National Convenor’s plea challenging his arrest by the Enforcement Directorate (ED).
“You did not move any application for bail before the trial court?” Justice Sanjiv Khanna asked senior advocate Abhishek Manu Singhvi, who appeared before the court on behalf of the Delhi Chief Minister.
To this Dr Singhvi replied we have filed this the plea challenging the arrest by ED.
The bench then showed it’s surprise and said, “no bail application then? “
Singhvi replied, “yes this court has wider jurisdiction”.
The Bench said, We are not asking why… we are just stating the matter of fact”.
Singhvi said, “I have filled a rejoinder note and also an opening note.”
Justice Sanjiv Khanna said, you have filed petitions against the arrest and remand?
Singhvi said yes my application is purely on section 19 of the Prevention of Money Laundering Act. (PMLA).
The bench asked, Why did you not file any application for bail?
Singhvi said, firstly because arrest is illegal. width of section 19 is per se wider when the arrest is illegal, Singhvi said.
The Additional Solicitor General (ASG) said, Kejriwal has not objected to subsequent custody.
Singhvi said, he will take the full day for the arguments.
The arguments are still continuing in the Supreme Court.
