The Delhi High Court has pronounced its verdict on Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate in the formulation of an excise policy case and says that the arrest is ‘valid’. 

Arvind Kejriwal remains in judicial custody in Tihar Jail till April 15.

Background

CM Kejriwal was charged with corruption in formulating the excise policy which reportedly favoured him both personally and in his capacity as the national convener of Aam Aadmi Party as also reported by The Times of India. He was alleged to have received ₹ 45 crores in cash for the election campaign in the Goa elections in 2022. The Central Bureau of Investigation started the probe and later the Enforcement Directorate stepped in and asked the CM to appear for questioning related to the liquor scam. The CM turned a blind eye to nine summons by ED resulting in the agency turning up at his house and taking him to custody.

What is the liquor scam?

Liquor policy is a big boost to the revenue of the state governments. The Delhi government in 2021 launched a new excise policy, which spurred the private players to set up liquor shops, with the intention of not only generating more revenue but also to improve customer experience. At first, the policy seemed to work and the government reported a 27% increase in the revenue, however, soon a Delhi bureaucrat delineated that the policy was no avail to the government but to the Delhi ministers as reported by FirstPost. The allegation was that the ministers conspired and received kickbacks from these private players in return for licenses for liquor shops. 

Arvind Kejriwal’s plea

The Chief Minister of Delhi had questioned the ‘timing’ of his arrest, saying that his arrest just before the elections is infringement of the structure of the constitution as it’ll lead to the level playing field dissipating. However, the Enforcement Directorate was not convinced by the plea and stated that Kejriwal cannot be exempted from the case by using ‘elections’ as an excuse as the law remains the same for everyone.

On Tuesday, the Delhi High Court dismissed the CM’s plea and gave the arrest by ED the legal validity. Justice Swarana Kanta Sharma said that the ED has enough materials to allege the minister as a conspirator who demanded kickbacks. 

Will the arrest affect the electorate ahead of the elections?

Aam Aadmi Party is one of the six political parties recognized by the Election Commission of India, and therefore, the leader of AAP, Mr Kejriwal holds significant sway over Indian politics. Kejriwal’s arrest has brought the opposition parties together. Recently, the Congress participated in the protest in support of Kejriwal’s release and accused the BJP of weaponizing the agencies against the opposition ahead of the elections.

BJP Spokesperson, Sudhanshu Trivedi said that Mr. Kejriwal had forfeited the right to continue as the Chief Minister of Delhi as reported by The Times of India. He mentioned that the incarcerated should resign from his position as the Chief Minister. In the past, Chief Ministers have resigned before their arrest, as seen with Jayalalithaa in Tamil Nadu and Lalu Yadav in Bihar.

The perception of the electorate towards the party is bound to undergo significant shifts.