(1.) This appeal filed by the appellant - Arvind Kejriwal assails the judgment and order dtd. 9/4/2024 passed by the single Judge of the High Court of Delhi whereby the Criminal Writ Petition filed by Arvind Kejriwal under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973[1], challenging his arrest by the Directorate of Enforcement[2], vide the arrest order dtd. 21/3/2024, on the ground of violation of Sec. 19 of the Prevention of Money Laundering Act, 2002[3], and the proceedings pursuant thereto including the order of remand dtd. 22/3/2024 to the custody of DoE passed by the Special Judge, has been rejected.
(2.) At the outset, we must clarify that this is not an appeal against refusal or grant of bail. Instead, this appeal impugns the validity of arrest under Sec. 19 of the PML Act. It raises a pivotal question regarding the scope and ambit of the trial court/courts to examine the legality of the arrest under Sec. 19. The issue is legal in nature, and with the ratio being propounded in detail, the decision becomes complex and legalistic.[4]
(3.) On 17/8/2022, the Central Bureau of Investigation[5] registered RC No. 0032022A0053 for the offences punishable under Sec. 120B read with Sec. 477A of the Indian Penal Code, 1860[6] and Sec. 7 of the Prevention of Corruption Act, 1988. The registration was based on a complaint dtd. 20/7/2022, made by the Lieutenant Governor of the Government of National Capital Territory[7] of Delhi, and on the directions of the competent authority conveyed by the Director, Ministry of Home Affairs, Government of India.
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