Delhi High Court allows Arvind Kejriwal plea for two additional meetings in jail with lawyers

The Delhi High Court has allowed a plea filed by jailed Delhi Chief Minister (CM) Arvind Kejriwal to hold two additional meetings with his legal team while he is lodged in Tihar Jail.

Justice Neena Bansal Krishna passed the order after observing that "special situations call for special remedies."

"Special situations call for special remedies. In view of the foregoing discussion, it is held that in recognition of fundamental right of fair trial and effective legal representation, the petitioner be granted two additional legal meetings with the Counsel through video conferencing in a week, till he is confined to Jail. The petition, is accordingly, allowed," the Court said.

Kejriwal is currently lodged in Tihar jail in connection with a case initiated against him over alleged irregularities in the now-scrapped Delhi Excise Policy of 2021-22. Both the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are probing the allegations against him.

He was recently granted interim bail by the Supreme Court in the ED case. However, he continues to remain in jail in connection with the CBI case. Meanwhile, Kejriwal had moved a plea for more meetings with his lawyers while he remains in jail.

The ED and Tihar Jail had opposed the plea arguing that when a common man is allowed only two meetings a week with their legal team, there is no reason to make any exception for Kejriwal. However, the High Court has now opined that Kejriwal is only seeking the enforcement of his fundamental right to a fair trial and legal consultation while he is confined to Tihar Jail as he has 30-40 cases in various States against him.

"To confine this fundamental right to a particular case and to insist on an independent application in each case is not only taking a myopic view but would result in a multiplicity of similar relief being asserted in different cases; in fact it can lead to utter confusion if such relief is considered a pertaining to individual case and not individual person. To ask the petitioner to move independent Application in each case would lead to delay but may indirectly be denying him the right of effective legal help," the Court said.

The Court concluded that any objections on such aspects are only technical objections that hold no merit. Kejriwal was initially allowed to have two meetings with his legal team in a week while in jail.

His plea sought that he be permitted to have an additional two meetings with his legal team, since as he is facing more than 30 cases across the country. He suggested that he could be allowed to hold such meetings via virtual conference. However, Special Judge (PC Act) Kaveri Baweja rejected the plea. Judge Baweja also noted that Kejriwal had moved a similar plea earlier, which was rejected by the court. Kejriwal then approached the High Court against the special court's order. The High Court on 18.07.2024 allowed his plea.

Kejriwal was arrested by the ED on March 21 in a case alleging that a criminal conspiracy was hatched by Aam Aadmi Party (AAP) leaders, including Manish Sisodia and others, to create loopholes in the Delhi Excise Policy to favour some liquor sellers. The investigation agencies have alleged that the funds garnered from this exercise were used to fund the AAP's election campaign in Goa.

The CBI arrested Kejriwal on June 26, while he was in judicial custody in connection with a money laundering case probed by the ED.

The Supreme Court granted him interim bail in the ED case on July 12.

However, he continues to remain in jail since he is yet to get bail in the CBI case.

Senior Advocate Ramesh Gupta with advocates Vivek Jain, Mohd Irshad, Rajat Bhardwaj, Karan Sharma, Sadiq Noor, Mohit Siwach, Rajat Jain and Rishikesh Kumar appeared for Arvind Kejriwal. The ED was represented through its Special Counsel Zoheb Hossain as well as advocates Vivek Gurnani, Kartik Sabharwal, Abhipriya Rai, Vivek Gaurav and Dipanshu Gaba. Amit Ahlawat represented Tihar Jail