ARVIND KEJRIWAL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) On 21/3/2024, a search was conducted by the Directorate of Enforcement at the official residence of Sh. Arvind Kejriwal, petitioner herein, who is the Chief Minister of the State of Delhi. After the search, he was served with grounds of arrest and was arrested on the same day at 09:05 PM by the Directorate of Enforcement in connection with ECIR No. HIU-II/14/2022 regarding his involvement in the offence of money laundering with regard to Delhi Excise Policy 2021-2022. After arrest, petitioner was produced before the learned Special Judge (PC Act) CBI-09 (MP/MLA Cases), Rouse Avenue Courts, Delhi ('learned Special Court'), where the Directorate of Enforcement had sought his custody for the purpose of interrogation which was granted vide order dtd. 22/3/2024.

(2.) During the hearing of the present case, this Court was informed that after filing of the present petition, the learned Special Court was pleased to further extend remand of the petitioner to custody of the respondent vide another order dtd. 28/3/2024 till 1/4/2024. The present petition came up for hearing before this Court initially on 27/3/2024 when the petitioner was running in custody of the Directorate of Enforcement by a judicial order. The Court is informed that the petitioner herein has now been remanded to judicial custody by the learned Special Court vide order dtd. 1/4/2024 till 15/4/2024.

(3.) The present petition under Article 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') challenges the arrest of the petitioner by Directorate of Enforcement on the ground that the arrest was in violation of Sec. 19 of Prevention of Money Laundering Act, 2002 ('PMLA') and it has been prayed that the arrest order dtd. 21/3/2024 and the proceedings pursuant thereto be declared illegal, non-est, arbitrary and unconstitutional. Further, it is prayed that the order vide which the petitioner was remanded to custody of Directorate of Enforcement be also quashed on the grounds of it being passed in a mechanical and patently routine manner.