“Issue is that it has taken two years for this…”: Supreme Court Questions Enforcement Directorate Over Two-Year Delay in Kejriwal Probe

The Supreme Court on Tuesday questioned the Enforcement Directorate about the two-year delay in initiating action against Kejriwal and his party. It raised concerns about the lack of inquiries about Kejriwal before summoning him and the delay in the investigation process, stating, "issue is that it has taken two years for this. It is not good for any investigating agency to say that it takes two years to unearth.... now when will the trial start?"

During the hearing of Delhi Chief Minister Arvind Kejriwal's plea against his arrest in an alleged liquor policy scam, the apex court also posed a question before the Enforcement Directorate, emphasizing the need to balance different aspects to protect an “individual's right to life.” "If there is evidence that points towards guilt... and other that points towards innocence... can you selectively pick?" asked Justice Dipankar Datta

The Enforcement Directorate during the proceedings defended its actions, stating that initiating inquiries about Kejriwal from the outset might have been perceived as “malifide”. ASG SV Raju, representing the Enforcement Directorate, stated, "If I start asking about Arvind Kejriwal at the outset, it would have been called 'malafide.'... It takes time to understand... we can't put it overnight. Things have to be confirmed."

Raju further presented evidence suggesting that Kejriwal stayed at a seven-star hotel in Goa during the state's 2022 assembly elections at another individual's expense. He claimed, "We have proof that hotel expenses of Arvind Kejriwal during Goa elections. it was a 7-star Grand Hyatt hotel in Goa." The agency also claimed to possess evidence indicating Kejriwal demanded a significant kickback to formulate a favorable liquor policy.

While the court on May 3 had expressed readiness to consider interim bail for Kejriwal due to ongoing elections, it cautioned against making assumptions. The hearing also saw a recommendation for an NIA probe based on a complaint alleging political funding from a banned organization. Despite arguments from Kejriwal's camp, the Delhi High Court upheld his arrest's legality, citing sufficient evidence, including statements from approvers and references to cash transactions during the 2022 Goa Elections. Kejriwal has been in Tihar Jail since March 21 and is currently on his fifth remand stretch until May 7.