Delhi HC Reserves Decision on Kejriwal’s Plea for Additional Legal Meetings in Judicial Custody
New Delhi, 18th July 2024: On Thursday, the Delhi High Court held back its decision on a petition filed by Chief Minister Arvind Kejriwal, currently in judicial custody over an alleged liquor policy scam, seeking permission for two additional virtual meetings with his legal team.
Justice Neena Bansal Krishna stated that the verdict would be delivered privately.
Representing the Enforcement Directorate (ED), Special Counsel Zoheb Hossain opposed the plea, arguing its redundancy since Kejriwal has been granted interim bail by the Supreme Court.
“As of now, the Supreme Court has granted interim bail. Whether this application remains valid needs consideration. Can a decision be made on this application filed when the petitioner was in judicial custody under the PMLA case, which no longer applies today? The application is moot due to subsequent developments,” he asserted.
Hossain also contended that Kejriwal’s request for two legal consultations per week aligns with what other inmates receive, questioning why special treatment should be accorded.
He further stated that Kejriwal allegedly misused legal consultations to convey messages through his lawyer to Delhi Ministers for administrative purposes, a claim recorded in a court order.
Legal counsel for Tihar jail authorities also opposed the plea, citing Delhi Prison Rules’ Rule 585 allowing only two legal meetings per week, already granted to Kejriwal. He argued against any further leniency, noting that Kejriwal initially sought additional physical meetings per week before the trial court but altered the request to virtual meetings before the High Court, emphasizing that the mode of petition does not alter the relevant rule.
The counsel highlighted that the reasons cited for seeking additional legal meetings were insufficient.
Senior Advocate Ramesh Gupta, representing Kejriwal, countered that the request for two extra virtual meetings was warranted due to unique circumstances. He noted that despite being released in the money laundering case, the Chief Minister remains in judicial custody in the CBI case, rendering the application not moot.
Gupta clarified that the alleged messages conveyed via Kejriwal’s counsel occurred during police custody, not judicial custody.
Following arguments from all sides, the court opted to reserve judgment on the matter.
Kejriwal has asserted that he currently faces 35 pending cases and hence seeks two additional virtual meetings with his legal team.
He has contested a trial court’s July 1 decision dismissing his plea for additional legal meetings in connection with the money laundering case.
Yesterday, Justice Krishna also reserved judgment on Kejriwal’s challenge against the CBI’s arrest and interim bail in the corruption case.
