Will ED arrest Delhi CM Arvind Kejriwal? AAP leaders fear so

The Aam Aadmi Party (AAP) has expressed concerns that the Enforcement Directorate (ED) may apprehend Delhi Chief Minister Arvind Kejriwal on Thursday. The fears arise in the context of an ongoing money laundering investigation related to an alleged excise policy scam. The AAP contends that this potential arrest is part of a larger strategy by the Bharatiya Janata Party (BJP) to stifle their influence.

Kejriwal has been summoned by the ED under the Prevention of Money Laundering Act (PMLA) and is scheduled to provide a statement at the agency's Delhi office at 11 a.m. on Thursday. This marks the first time Kejriwal has been summoned by the ED; earlier in April, he faced questioning from the Central Bureau of Investigation (CBI) regarding the same case.

In a press conference held on Tuesday, Delhi Cabinet Minister Atishi asserted that the BJP was employing these tactics as it recognised the challenge of defeating Kejriwal in elections. She stated, "According to various sources, the ED will also arrest Arvind Kejriwal and put him in jail on November 2. Today, the BJP and Prime Minister Narendra Modi want to eliminate the Aam Aadmi Party. This is why, one after another, AAP leaders are being arrested in false cases and sent to jail."

Atishi further claimed that Kejriwal's potential arrest is not based on any substantial case or evidence against him but is a result of his vocal opposition to the BJP. She stated, "He will be arrested only because Prime Minister Modi is afraid of him. They know that if there is one leader in this country who openly speaks against the BJP and fights against the party, it is Arvind Kejriwal."

The AAP leaders highlighted their history of electoral success in Delhi, including the 2015 election where they won 67 out of 70 seats, significantly constraining the BJP's representation in the state.

Atishi expressed concerns that Kejriwal's arrest could be followed by a pattern of arrests targeting other leaders within the political alliance known as the INDIA alliance, as well as various state chief ministers. This strategy, according to Atishi, aims to weaken the AAP and similar opposition forces.

In response to the potential crisis, Saurabh Bharadwaj, an AAP leader, emphasised that the party has consistently grown stronger in the face of adversity, asserting that the BJP fears Kejriwal's popularity and honesty. “If the whole party is in jail, then the government and the party would run from jail. And this is what the BJP wants is that everyone should be in jail... They want free education, free electricity, free water, free pilgrimage, hospitals, and mohalla clinics to stop but Arvind Kejriwal will not let this happen," Bharadwaj told ANI on Wednesday.

Gopal Rai, the AAP's Delhi state convener, addressed the issue of the alleged excise policy scam, characterising it as a pretext. He contended, "The BJP's goal is to eliminate the AAP. If it were only about the liquor policy, there wouldn't have been CBI raids at CM's office before and the Shunglu Committee wouldn't have scrutinised every single file."

Rai further expressed optimism about the AAP's prospects, indicating that the BJP's ouster is imminent in the 2024 Lok Sabha elections.

In a final defiant statement, AAP MLA Dilip Pandey underlined the party's determination, asserting, "We are disciples of Bhagat Singh and are ready to sacrifice our lives but will not bow before the BJP."

Is it possible to jail a Chief Minister?

While the President and Governors of India are shielded from civil and criminal prosecutions throughout their tenure, this legal immunity does not extend to the Prime Minister or Chief Ministers. A notable precedent occurred when J Jayalalithaa of Tamil Nadu became the first Chief Minister to be convicted while actively serving in office.

What are the implications of Arvind Kejriwal's arrest?

Although the arrest of a Chief Minister does not automatically result in their removal from office, such an event would significantly complicate Kejriwal's role and responsibilities.

Both the Aam Aadmi Party and the Delhi government are under Kejriwal's leadership. He has been operating without two of his key associates in recent months. While the party boasts several prominent leaders who are not under investigation, there seems to be no clear successor for the top position in Kejriwal's absence.

It's essential to note that Arvind Kejriwal does not hold a specific portfolio within the Delhi government. In theory, his absence should not directly impact the functioning of the various departments within the Delhi Cabinet.

What people outside of AAP are saying?

Congress leader Abhishek Singhvi asserted on Tuesday that central agencies would pursue the members of the INDIA opposition alliance with fabricated charges, but he remained confident that the alliance would ultimately triumph.

"Every important force within the INDIA alliance would be subjected to cooked-up cases by central agencies. However, we are here to stay and emerge victorious," he said in a post on X.

"Remember, 'Samar shesh hai', a reference to Ramdhari Singh Dinker's famous poem saying 'the war is not yet over'. #ArvindKejriwal," he added.

Twenty-six opposition parties, including the Congress and the AAP, have formed the Indian National Developmental Inclusive Alliance (INDIA) to take on the BJP unitedly in the 2024 Lok Sabha polls.

Rajya Sabha MP Kapil Sibal, in a statement on Wednesday, called on the courts to address the overt misuse of the Prevention of Money Laundering Act. Sibal alleged that the investigative agency was focusing its attention on leaders from various opposition parties and highlighted that the ED, along with the denial of bail to these leaders, has transformed into a "political tool" wielded by the government.

In a post on X, Sibal said, "Kejriwal summoned by ED. ED targeting leaders of almost all political parties in opposition."

"ED and denial of bail to leaders has become a political weapon in the hands of the government. Time for courts to wake up to the blatant misuse of PMLA," the former Union minister said.

Meanwhile, Delhi BJP president Virendra Sachdeva contended that the AAP leaders' reliance on "rhetoric and the victim card" would not be beneficial. 

Manoj Tiwari, the former chief of the party's Delhi unit, claimed that Kejriwal himself was finishing off the AAP with his "sins". "Kejriwal is facing the curse of the mothers and sisters of Delhi whose families were destroyed as liquor stores were opened in every nook and corner of the city under the Kejriwal government's new liquor policy," he said.

"The ED summoning him for questioning is very important since the Supreme Court, while denying bail to Manish Sisodia, has observed that a money trail is established in the excise policy case," Tiwari added.

Also Read Kejriwal faced questioning from the Central Bureau of Investigation (CBI), earlier in April, regarding the same case