‘Special Situation Call for Special Remedies’: Delhi HC Grants Arvind Kejriwal Two Additional Meetings with Lawyers

The Delhi High Court has permitted jailed CM Arvind Kejriwal to hold two additional meetings with his legal team while he is incarcerated in Tihar Jail.

A single bench of Justice Neena Bansal Krishna issued the order, stating 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 the fundamental right to a fair trial and effective legal representation, the petitioner be granted two additional legal meetings with the Counsel through video conferencing each week, until he is confined to Jail. The petition is accordingly allowed,” the judge said.

The Delhi chief minister is currently imprisoned in Tihar Jail in connection with a case initiated 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 investigating the allegations against him.

On June 26, the CBI arrested Kejriwal on while he was in judicial custody due to the ED’s money laundering investigation.

Recently, on June 12, the Supreme Court of India granted Kejriwal interim bail in the ED case, but he remains in jail as he has yet to secure bail in the CBI case.

The AAP convenor had filed a plea for additional meetings with his lawyers while in jail.

The central probe agency and Tihar Jail opposed the plea, arguing that if a common person is allowed only two meetings a week with their legal team, there should be no exception for Kejriwal. However, the High Court opined that Kejriwal is merely seeking the enforcement of his fundamental right to a fair trial and legal consultation while confined to Tihar Jail, given that he faces 30-40 cases in various States.

The Court determined that any objections on such matters are purely technical and lack merit. Initially, Kejriwal was permitted two meetings with his legal team per week while in jail. His plea sought permission for an additional two meetings, suggesting that these meetings could be conducted via virtual conference.

Special Judge (PC Act) Kaveri Baweja had previously rejected this plea, noting that Kejriwal had filed a similar plea earlier, which had also been rejected. Consequently, Kejriwal approached the High Court, which has now allowed his request.

Arvind Kejriwal was arrested by the ED on March 21 in connection with allegations that Aam Aadmi Party (AAP) leaders, including Manish Sisodia and others, conspired to create loopholes in the Delhi Excise Policy to benefit certain liquor sellers. It is alleged that funds from this scheme were used to finance the AAP’s election campaign in Goa.

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