Senior Advocate Abhishek Manu Singhvi appeared for Kejriwal and argued that ED’s latest summons was issued to him on March 16, the same date when the schedule for the Lok Sabha elections were announced, and the probe agency is being misused to create non-level playing field before the elections.
Singhvi contended that none of the ED’s summons clarify whether Kejriwal was being called for questioning as an accused or a witness.
“I am not a man who is going to flee or influence witnesses or tamper with evidence. In that sense, the triple test is satisfied… Elections have been announced and I am the head of a national party… I am saying I will answer all the questions. I am ready to appear through virtual conference or answer their questionnaire,” he said.
The Senior Advocate referred to certain orders of the Supreme Court as well as the High Courts where interim protection from arrest was granted to people being probed by the ED.
Additional Solicitor General (ASG) SV Raju appeared for ED and contended that the law cannot be different for someone just because he happens to be the Chief Minister of a State.
Raju clarified that Kejriwal has not been summoned in his official capacity as Chief Minister or the National Convenor of Aam Aadmi Party (AAP) but in his personal capacity.
“There is necessity to call him (Kejriwal) for interrogation. We cannot go beyond the law. The law is the same, whether he is the Chief Minister or not… We are calling him not as Chief Minister or chief of AAP but in his personal capacity… A person who has no respect for the law is not entitled to any protection of the law,” the ASG said.
Countering the arguments raised by Singhvi about courts granting interim protection from arrests, Raju said that those orders cannot be cited as precedent.
Raju further said that AAP is not even an accused in the case and, therefore, Kejriwal’s plea challenging those PMLA provisions which include a political party under the ambit of the money laundering law, is based on mere assumption
“This is a figment of their imagination at this stage. If and when they (AAP) are made an accused, then they will get a right to challenge the PMLA provisions but not today… Neither is Mr Kejriwal nor AAP has yet been made an accused in the case. FIR is not against AAP or Kejriwal, he cannot ask for quashing of the proceedings against other accused. He does not have the locus,” Raju stated.
Source: Barandbench
