[ad_1]
\n<\/p>\n
New Delhi: The Delhi High Court, which on Tuesday dismissed Chief Minister Arvind Kejriwal\u2019s petition challenging his arrest by the ED and the trial court order sending him to the agency\u2019s custody, held that judges, \u201cas custodians of justice, are bound by the law and not by political considerations\u201d and cannot adjudicate \u201cpolitical matters\u201d.<\/p>\n
Justice Swarana Kanta Sharma, who heard the case, noted the ED\u2019s submission that they were in possession of enough material to arrest Kejriwal.<\/p>\n
As senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, argued that the arrest made by the ED was mala fide, and made at the time of elections, thereby seriously compromising free and fair elections and thus, also affecting democracy which, in turn, is \u2018basic structure\u2019 of the Constitution of India, the court responded: \u201c\u2026 the courts of law are one of the pillars of democracy. Judges, as custodians of justice, are bound by the law and not by political considerations.\u201d<\/p>\n
\u201d \u2026 this Court notes that the judiciary is tasked with interpreting laws and adjudicating matters before it based on the existing laws and precedents alone, rather than the political considerations.\u201d<\/p>\n
Justice Sharma\u2019s verdict stated that while politics may influence governance, it is not the purview of the courts to adjudicate \u201cpolitical matters\u201d. \u201cInstead, the judiciary remains steadfast in its commitment to the principles of law and justice, independent of political considerations,\u201d it said.<\/p>\n
The judgement\u2019s main crux being that political factors or dynamics should not and have never influenced the court\u2019s deliberations or decision-making process, Justice Sharma ruled that the matter is not a conflict between the Central government and Kejriwal, but between Kejriwal and the ED.<\/p>\n
\u201cIn such legal proceedings, it is crucial for the court to maintain its focus solely on the legal merits of the case,\u201d the judge noted, adding that the issue before this court does not concern two political parties but an investigating agency on one hand and an alleged accused who happens to be a Chief Minister on the other.<\/p>\n
The judge observed that the courts have been, and are better left untouched by political influences or interference, and their only and sole responsibility and duty is the application of a law enacted by the Parliament which is the will of the people.<\/p>\n
\u201cWhen adjudicating legal disputes, the Courts are duty-bound to interpret laws and assess the actions of investigating agencies in alignment with constitutional and legal norms, irrespective of political considerations,\u201d her judgement read.<\/p>\n
The judge stated that the arrest of Kejriwal was not in contravention of the law laid down by the Supreme Court in the case of Pankaj Bansal in respect of Section 19 of the PMLA. She said that the trial court\u2019s order dated March 22, which had sent Kejriwal to ED\u2019s custody, does not suffer from any infirmity or illegality.<\/p>\n
Section 19 of the PMLA provides that the officer arresting an individual must have some \u201cmaterial in his possession\u201d on the basis of which the officer should have a \u201creason to believe\u201d that the person being so arrested is \u201cguilty\u201d of an offence punishable under PMLA.<\/p>\n
The agency has said that it complied with all procedural requirements of Section 19(1) and (2) of the PMLA as well as Article 22(1) and (2) of the Constitution of India during the arrest and remand of CM Kejriwal.<\/p>\n
The agency has claimed that the AAP leader was the kingpin and key conspirator of the Delhi excise scam in collusion with ministers of the Delhi government, AAP leaders and other persons and that it has material in possession which demonstrates that he is guilty of the offence of money laundering.<\/p>\n
The ED has also alleged that CM Kejriwal was directly involved in the formulation of the Excise Policy 2021-22, drafted \u201cconsidering the favours to be granted to the South Group\u201d and that he demanded kickbacks from the South Group in exchange for favours to them in the formulation and implementation of the Excise Policy 2021-22.<\/p>\n
(IANS)<\/p>\n<\/p><\/div>\n