New Delhi. The Supreme Court on Monday asked Delhi Chief Minister Arvind Kejriwal, lodged in Tihar jail in judicial custody in a money laundering case related to the Delhi Excise Policy scam, why he did not file a petition in the trial court for his bail.
A bench of Justice Sanjiv Khanna and Justice Dipankar Dutta asked this question while hearing the petition of Aam Aadmi Party national convenor Kejriwal, in which he has challenged his arrest by the Enforcement Directorate (ED).
The bench asked senior advocate Abhishek Manu Singhvi, appearing in the court on behalf of Kejriwal, “You did not file any application for bail before the trial court? Dr. Singhvi replied that we have filed a petition challenging the arrest by ED.
The bench expressed surprise at this and said that then there is no bail petition? Singhvi replied, yes, the jurisdiction of this court is wide. The bench further said that we are not asking why…we are just stating the facts.
Singhvi said that I have also filed a reply note and an initial note. On behalf of the bench, Justice Khanna said that you have filed petitions against the arrest and detention? After this Singhvi said that yes, my application is completely related to Section 19 of the Prevention of Money Laundering Act (PMLA).
The bench asked why you did not file any application for bail? Singhvi said that first of all because the arrest is illegal and when the arrest is illegal then the scope of Section 19 becomes even wider.
The Additional Solicitor General said Kejriwal had not raised any objection to the subsequent detention. On this Singhvi said that it would take him the whole day for the debate. The top court will hear the matter next on Tuesday.
