Arvind Kejriwal, the Chief Minister of Delhi, has been arrested by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002. The arrest is linked to a money laundering case concerning a liquor scam. Kejriwal's custody will be sought by the ED for further questioning in a special court today. He has appealed against his arrest in the Supreme Court, with the case set to be heard today as well.
The Prevention of Money Laundering Act, 2002, makes it tough to secure bail. This law, enacted in 2002 and enforced in 2005, aims to prevent money laundering. Amendments in 2012 expanded its reach to include banks, mutual funds, and insurance companies.
Securing bail under the Prevention of Money Laundering Act, 2002 (PMLA) is challenging due to its stringent provisions. All offenses under the PMLA are non-bailable, with no provision for anticipatory bail. This means those arrested under the PMLA must prove the baselessness of charges against them in court.
For instance, former Delhi government ministers Manish Sisodia and Satyendar Jain are currently in jail under the PMLA, while AAP leader Sanjay Singh has also been arrested and is in custody. The strict bail conditions under the PMLA have been debated extensively.
The government, in amending the PMLA in 2018, added two strict conditions for bail under section 45. These conditions require the court to believe in the accused's innocence and ensure no risk of further offenses during bail. The Supreme Court upheld ED's powers and the 2018 amendment, emphasizing the severity of money laundering.
Kejriwal's arrest follows the Delhi High Court's denial of protection from coercive action in the case. He had disregarded eight summonses issued by the probe agency. The case relates to the scrapped Delhi excise policy 2021-22, with the ED alleging a conspiracy to benefit wholesalers excessively. Kejriwal has alleged that the action against him is part of a BJP conspiracy ahead of the Lok Sabha elections.
Kejriwal is the fourth prominent AAP leader facing action by the Enforcement Directorate in the Delhi excise policy case. Sisodia and Singh are in judicial custody, while Jain is in custody in a separate money laundering case.
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