During the hearing of Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate (ED) in the Delhi Liquor Policy case, the Supreme Court on Tuesday raised several pertinent questions.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta directed the ED counsel, ASG SV Raju, to provide answers to five queries on the next date of hearing, scheduled for Friday.
The questions posed by the bench to the ED are as follows:
1. Can criminal proceedings be initiated without adjudicatory proceedings, as established in previous cases such as Pankaj Bansal v Union of India and Vijay Madanlal v Union of India? The court sought clarification on the absence of attachment proceedings in Kejriwal's case and demanded evidence of his involvement if such proceedings exist.
2. In light of conflicting findings regarding the case of Manish Sisodia, the court asked the ED to clarify where the Kejriwal case stands.
3. The bench raised concerns regarding the threshold set by Section 19 of the Prevention of Money Laundering Act (PMLA), which places the onus on the prosecution rather than the accused. They questioned how this threshold should be interpreted, especially in the context of bail proceedings under Section 45 of the PMLA.
4. Regarding the time gap between the initiation of proceedings and subsequent actions like arrest, the court referenced Section 8 of the PMLA, which imposes a limit of 365 days. The bench deliberated on whether alternatives to arrest should be explored, emphasizing the importance of preserving life and liberty.
5. The court also sought clarification on the timing of Kejriwal's arrest, particularly its proximity to the general elections.
In light of the ongoing review of the Vijay Madanlal case, where the provisions of the PMLA were upheld, the court underscored the significance of Sections 19 and 45 of the Act, which grant the ED the authority to arrest individuals based on a "reason to believe" that an offence has been committed and outline grounds for bail in PMLA offences, respectively.
The upcoming hearing is expected to shed further light on these critical issues as the court seeks to ensure fair and just proceedings in Kejriwal's case.