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TMI Blog2024 (5) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... notices/summons, first of which was issued in October 2023. This is a negative factor, but there are several other facets which we are required to take into consideration. The appellant Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to the society. The investigation in the present case has remained pending since August 2022. Arvind Kejriwal was arrested, as noted above, on 21.03.2024. More importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same. The fact situation cannot be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... G. Mr. Mukesh Kumar Maroria, AOR Mr. Kanu Agarwal, Adv. Mr. Annam Venkatesh, Adv. Mr. Zoheb Hossain, Adv. Mr. Vivek Gurnani, Adv. Mr. Hitarth Raja, Adv. Ms. Abhipriya, Adv. Mr. Kartik Sabarwal, Adv. Mr. Vivek Gaurav, Adv ORDER Leave granted. 2. Arvind Kejriwal in this appeal has challenged the order and judgment passed by the trial court and the High Court of Delhi, upholding his arrest by the Directorate of Enforcement For short, 'DoE' on 21.03.2024. 3. A number of legal pleas and issues have been raised, including the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002. We have heard learned counsel appearing for both the appellant as well as DoE at some length, albeit hearing is yet to conclude and cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us, we do not think it would be proper for us to direct the appellant - Arvind Kejriwal to approach the trial court for interim bail/release. This may not be apt in view of the legal issues and contentions that are under examination and consideration before us. 8. It is no gain saying that General Elections to Lok Sabha is the most significant and an important event this year, as it should be in a national election year. Between 650-700 million voters out of an electorate of about 970 million will cast their votes to elect the government of this country for the next five years. General Elections supply the vis viva to a democracy. See Mohinder Singh Gill and Another v. Chief Election Commissioner, New Delhi and Others, (1978) 1 SCC 405 Gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. State of Maharashtra (2000) 8 SCC 437, notwithstanding Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985 For short, the 'NDPS Act', which prohibits the appellate court from suspending sentence awarded to the convict, this restriction, it is observed, does not affect the power and authority of the court to grant parole or furlough, even where a person has been convicted and sentenced and his appeal has been dismissed. 13. Athar Pervez v. State 2016 SCC Online Del 6662, a judgment of the Delhi High Court authored by one of us (Sanjiv Khanna), on the power to grant interim bail in cases registered under the NDPS Act, in addition to the judgments noted, refers to Siddharam Satlingappa Mhetre v. State of Maharashtra and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granted in the facts of each case. This case is not an exception. 15. The prosecution has rightly pointed out that the appellant - Arvind Kejriwal had failed to appear in spite of nine (9) notices/summons, first of which was issued in October 2023. This is a negative factor, but there are several other facets which we are required to take into consideration. The appellant - Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to the society. The investigation in the present case has remained pending since August 2022. Arvind Kejriwal was arrested, as noted above, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Another v. Chief Secretary to the Government of Madras and Others AIR 1966 SC 657, challenge to the Defence of India Rules, 1962 in its application to Members of Parliament, was rejected on the ground that members of the legislature cannot claim freedom from arrest. Detention does not violate privileges of the Members of Parliament. (iii) In State of Maharashtra v. Anand Chintaman Dighe (1990) 1 SCC 397, this Court while allowing the appeal, observed that the High Court has misdirected itself in granting bail to an accused convicted under the Terrorist and Disruptive Activities (Prevention) Act, 1987, by refusing to look into statements and further material collected by the investigating agency. 17. We would reject the argument that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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