The India Block has approached the Election Commission in protest of Arvind Kejriwal's arrest. Opposition parties have filed a complaint with the Election Commission, claiming that the Directorate of Enforcement has taken into custody Arvind Kejriwal, Chief Minister of Delhi. Within just a few weeks, the central government has arrested two democratically elected Chief Ministers who are outspoken opponents of the ruling regime and party.
Action against CM Kejriwal is Illegal
Congress leader and senior advocate Abhishek Manu Singhvi denounced the arrest, emphasizing that the opposition has unitedly appealed to the Election Commission. He warned that this serious issue isn't about an individual or a particular party but rather about the fundamental structure of India’s constitution. When equal opportunities should prevail in elections, the misuse of agencies tips the scales, compromising free and fair elections and ultimately affecting democracy itself.
'We Have Reminded the Election Commission of Their Responsibility'
He remarked that they have reminded the Election Commission of their duties, urging their intervention. This marks the first time in the 75-year history of independent India that a sitting CM has been detained. Evidence was presented of the agencies being misused against opposition leaders. They questioned why, if the Election Commission is entitled to change Directors General of Police and Secretaries, it couldn't exercise control over these agencies.
Abhishek Manu Singhvi Opposes the Arrest
The Enforcement Directorate arrested the Delhi Chief Minister and convener of the Aam Aadmi Party, Arvind Kejriwal, on Thursday in connection with a money-laundering case related to an alleged liquor scam. On Friday, ED presented Kejriwal before the PMLA court, demanding a 10-day remand. The Supreme Court was also scheduled to hear Kejriwal's plea against the arrest, but he retracted his petition. ED submitted a 28-page argument in court. Meanwhile, Abhishek Manu Singhvi has protested against the CM's arrest.
What Kejriwal's Lawyer Singhvi Said in Court
1. Remand isn't automatic; it must meet the provisions of laws like PMLA. 2. The primary condition is having substantial material, meaning there needs to be a reason to believe and eventually prove guilt. Why isn't this applicable in usual law? Because when it's difficult to arrest, it's equally challenging to release. 3. There should be a causal connection between the reason to deem someone guilty and the material ED has. 4. The first thing we need to show is the necessity for arrest.
5. Just because you have the power to arrest doesn't mean you should always exercise it. Please review the law. 6. The entire remand application is a copy-paste of the grounds for arrest. 7. If everything is already in place, why the need for custody and interrogation?
