Plea against Kejriwal 'passing orders' in custody: HC asks ED to submit its note to special judge

Arvind Kejriwal arrest: Delhi High Court directs ED to submit note on Arvind Kejriwal's orders in custody, clarifies no comment on petitioner's locus.

The Delhi High Court on April 1 asked the Enforcement Directorate (ED) to submit its note to the special judge, dealing with the excise policy-linked money laundering case in which Chief Minister Arvind Kejriwal has been arrested, on the issue of the CM passing orders while in custody.

A Bench of Acting Chief Justice Manmohan and Justice Manmeet P.S. Arora said the special judge is directed to pass an order, if required, in accordance with law. It clarified that it has not commented on the locus standi of the petitioner.

The court disposed of a public interest litigation that sought directions to prevent Mr. Kejriwal from issuing orders in his capacity as the Chief Minister while in ED custody, contending that it was against the legal framework.

“This court directs Respondent No. 2 (ED) to bring its contents/ note to the notice of the said judge who is directed to pass an order in accordance with law, if required,” the Bench said.

During the hearing, the ED’s counsel said the agency was seized of the issue raised in the petition and that it was not providing any infrastructure to Mr. Kejriwal for passing orders.

“The petitioner’s apprehension or understanding is that ED has provided apparatus and infrastructure to the chief minister but this is not the case. We have not provided anything to him. We have done some investigation.

“If the process has been misused by way of ‘mulakat’, it will have to be looked into,” ED’s counsel submitted, adding, “Today it is not disputed that an order has been passed by him in custody.”