Kejriwal to be behind bars :::: Ever since it has tasted power, AAP never thinks .... it is 'aam or common' ::: There is a sense of 'entitlement' on the pretext that it believes in politic of Chaos and the sickness called Sickularism and Modi-bashing ... High Court nails him

 Scathing attack from the Delhi High Court !!  

"There is no separate treatment or protocol which any investigating agency is to follow for the purpose of summoning or questioning of a common man or a Chief Minister of a State."

The verdict said:

"This Court would not lay down two different categories of laws, one for common citizens, and other granting special privilege to be extended by investigating agency to a Chief Minister or any other person in power only on the basis of being in that public office since that public office is enjoyed by that public figure due to the mandate of the public.

"….the absence of or non- recovery of proceeds of crimes in these circumstances can be of little value or importance as part of the money already stands spent (in Goa elections)". 

The Court also said : "Once there is prima-facie material regarding laundering of the kickbacks on Goa Elections and the money being already spent for the said purpose in the year 2022 itself, the recovery in the year 2024 or non recovery of any remaining amount will become clear only once prosecution complaint is filed.

The issue of arrest has to be adjudicated as to whether it was illegal or not within the parameters of law, by application of law and not by political rhetoric, the Delhi High Court said.

The AAP camp was in jubilation after Sanjay Singh was released on bail and even it was held that 'no money' was found. 

But the High Court has different opinion.  

Justice Swarana Kanta Sharma said that Kejriwal was not summoned for the first time after General Elections were declared or the MCC came into existence, but he was first summoned in October, 2023. 

Court says it was Kejriwal himself who had chosen not to join the investigation, but had sent replies to all the summons.   

“Kejriwal’s arrest not illegal; repeated non-compliance of summons by him for over 6 months was a contributing factor in his arrest;  ED had no other option but to seek his custody through remand to make him join probe,” says the court. 

"This Court wonders that if the learned Senior counsel (Abhishek Singhvi) terms the approvers in the present case as ‘Jaichands’, then that would rather 

amount to saying that the approvers have turned traitors, and further 

acknowledging that they were part of the same alleged plan which the 

Directorate of Enforcement alleges that the approver and the 

petitioner were part of. 

However, this Court will restrain from further dwelling into this argument."

The Court further holds that Kejriwal skipping repeated ED summons for sux months was a contributing factor to his arrest.

"Had the petitioner joined investigation pursuant to issuance of summons under Section 50 of PMLA, he could have given his version before the investigating agency against the material which it had collected."