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April 22, 2024 3:01 pm

Delhi HC asks ED to decide on plea seeking to restrain Kejriwal from issuing any order while in custody

The Fact News Service
New Delhi, April 1

The Delhi High Court on Monday asked the Enforcement Directorate (ED) to decide a plea that sought directions to restrain Delhi Chief Minister Arvind Kejriwal from issuing any order during custodial remand as representation and file a status report before the concerned judge of Rouse Avenue.

The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora disposed of the plea and directed ED to file a status report in this regard before the concerned judge since he is in custody under the trial court order.

A public interest litigation (PIL) was moved in the Delhi High Court, praying for direction to restrain Arvind Kejriwal from issuing orders while in the police custody (PC) of the Enforcement Directorate.

The plea also sought direction to ED not to provide a typist, computer & printer etc. to Arvind Kejriwal while he is in the police custody of ED. Also to direct the ED to register a complaint and investigate & prosecute Arvind Kejriwal as to how the directions and orders issued by him while in police custody reached the possession of Delhi Minister Atishi.

There is a likelihood that the order issued by Kejriwal in the capacity of Chief Minister of the NCT of Delhi may influence a fair and proper investigation. That a fair and proper investigation is always conducive to the ends of justice and for establishing the rule of law.

The petitioner, Surjit Singh Yadav through Advocates Shashi Ranjan Kumar Singh and Mahesh Kumar, further stated that Arvind Kejriwal, while issuing directions and orders in custody, is breaching the oath of secrecy administered to him under the Third Schedule of the Constitution of India.

The plea stated that Arvind Kejriwal, the Chief Minister of the Government of NCT of Delhi, had been arrested by the Enforcement Directorate on March 21, 2024, in the money laundering case related to the alleged liquor policy scam.

Before the arrest of Arvind Kejriwal, the Enforcement Directorate of the High Court of Delhi had also refused to pass orders granting interim protection from coercive action to him in the said case.

The plea stated that after the arrest of Arvind Kejriwal, Minister of Govt of NCT of Delhi Atishi has given interviews to various channels on March 21, 2024, stating and affirming that Arvind Kejriwal will not resign from his post and, if needed, will run the government from jail. She further said, “Arvind Kejriwal was the Delhi CM, is the CM and will continue to remain the CM; he will not resign, the plea read.

The plea stated that the continuance of Arvind Kejriwal as the chief minister of the government of NCT of Delhi after his arrest by the enforcement directorate in the money laundering case related to an alleged liquor policy scam has degraded the credibility and image of the government of NCT of Delhi in the eyes of the general public.

The continuation of Kejriwal as the Chief Minister of Government of NCT of Delhi will not only lead to obstruction of due process of law and disrupt the course of Justice but would also lead to breakdown or the Constitutional machinery in the state, plea stated.

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