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The arrest of Delhi Chief Minister Arvind Kejriwal by the Central Bureau of Investigation (CBI) has been a significant development in Indian politics, drawing sharp criticism from the Aam Aadmi Party (AAP) and its supporters. Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, has been a vocal critic of the arrest, terming it an 'insurance arrest' and highlighting the implications of the arrest for the functioning of the Delhi government. This essay will delve into the details of Kejriwal's arrest, the arguments presented by Singhvi, and the impact of the arrest on the Delhi government's functioning.
Singhvi, a Rajya Sabha MP and a Congress leader, has consistently maintained that the arrest was an attempt to politically undermine Kejriwal and disrupt the smooth functioning of the Delhi government. He argued that the CBI's move was an 'insurance arrest,' suggesting that the agency was aiming to ensure Kejriwal's continued detention even after his release on bail by a trial court in the case filed by the Enforcement Directorate (ED). He emphasized that despite the arrest, Kejriwal remains the elected Chief Minister of Delhi and his authority cannot be diminished by any agency, except through a democratically elected process or President's rule under Article 356 of the Indian Constitution.
The Supreme Court's decision to grant bail to Kejriwal further strengthened Singhvi's arguments. Singhvi highlighted that the two judges on the bench, Justices Surya Kant and Ujjal Bhuyan, were unanimous in their decision to release Kejriwal on bail, effectively dismissing the CBI's claims that his detention was justified. While the judges disagreed on the legality of the arrest, they ultimately agreed on the outcome, leading to Kejriwal's release. This outcome, according to Singhvi, underscored the lack of merit in the CBI's case and demonstrated that the arrest was indeed politically motivated.
The Supreme Court's order did impose certain conditions on Kejriwal, including restrictions on his ability to leave the country and requiring him to appear before the investigating agency when summoned. However, Singhvi clarified that these conditions were already in place as part of the bail granted by the trial court in the ED case. Therefore, he asserted that no new restrictions were imposed on Kejriwal's ability to function as Chief Minister, except for those relating specifically to the liquor policy case. This point was crucial in countering the perception that the arrest had significantly hampered the Delhi government's functioning.
Singhvi further addressed concerns that Kejriwal's limited ability to sign files related to the liquor policy case could paralyze the Delhi government. He stated that the Lieutenant Governor's office had unfairly stopped dealing with matters unless signed by Kejriwal, but this issue had been addressed by the Supreme Court. The court clarified that any file requiring the Chief Minister's signature must also be signed by the Lieutenant Governor, ensuring that the government's work can proceed without unnecessary delays. This decision effectively ensured that the Delhi government's functioning would not be disrupted due to Kejriwal's arrest.
In conclusion, the arrest of Arvind Kejriwal, despite being a major political development, has not significantly impacted the Delhi government's functioning. Abhishek Manu Singhvi, representing Kejriwal, successfully countered the arguments put forward by the CBI and secured his client's release on bail. The Supreme Court's order, while imposing some conditions, ensured that the Delhi government's operations would not be paralyzed due to Kejriwal's restricted ability to deal with files related to the liquor policy case. Singhvi's arguments and the court's decision have effectively ensured that the elected Chief Minister remains in control of the Delhi government, despite the CBI's attempts to undermine his authority.
Source: "He Can Sign All Files, Except...": Abhishek Singhvi On Arvind Kejriwal Bail