No interim relief for Arvind Kejriwal from Delhi HC, next hearing on April 3

The Delhi high court on Wednesday did not allow any interim relief to Delhi chief minister Arvind Kejriwal who is in the custody of the Enforcement Directorate as the high court only issued notices regarding Kejriwal's plea and posted the matter for further hearing on April 3. A bench of Justice Swarana Kanta Sharma issued a notice to the ED on Arvind Kejriwal's plea seeking immediate release and declaring his arrest and remand as illegal and asked the agency to reply within April 2.

The high court rejected the contention of senior advocate AM Singhvi who appeared for Kejriwal and argued that no reply from ED was required. The court said it is duty-bound to hear both sides fairly keeping in mind the principles of natural justice and hence ED's reply is essential and crucial to decide the present case.

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“Thus, having regard to the nature of issues raised in this petition, this Court is of the opinion that the respondent has to be granted an opportunity to file a reply, as an opportunity for effective representation, and declining this opportunity would amount to denial of fair hearing as well as violation of one of the principles of natural justice i.e., audi- alteram partem, which is applicable to both the parties and not one,” the court said.

Meanwhile, the ED is likely to produce Kejriwal in a court on Thursday as his present remand will conclude tomorrow. The ED arrested Kejriwal last Thursday in connection with the Delhi liquor probe and sought a six-day custody starting from March 22. ED may seek an extension of Kejriwal's custodial remand or seek court directions for sending him into judicial custody.

Kejriwal's health concern

According to officials, Kejriwal, who is a diabetic patient, has been experiencing fluctuating sugar levels. His sugar level went as low as 46, sources said without disclosing when it was measured.

Kejriwal's wife Sunita addressed a press meeting on Wednesday and said Kejriwal's health has deteriorated in the ED custody.

Hopes were pinned on high court's order today as Kejriwal urged the court to order his immediate release from ED custody as his arrest on the cusp of elections was against the basic structure of the Constitution, "My prayer is release me now," Kejriwal's counsel Singhvi told the court. Additional Solicitor General S V Raju, appearing for the agency, said the "bulky" petition was served upon them only on Tuesday, and three weeks' time should be given to bring their stand on record. For interim relief as well, appropriate time should be given to respond, he said. Singhvi alleged that the request to file a response was motivated and a delay tactic. Challenge is to the foundation of arrest and there are several "glaring issues" that need immediate decision by the high court either way, the senior lawyer added. "Democracy itself is involved. Basic structure is involved. Level playing field is involved. Even an hour spent in custody is far too long if arrest is illegal," Singhvi said.