The Delhi High Court has requested a response from the Enforcement Directorate (ED) in connection with a plea submitted by Sanjay Singh, a member of the Aam Aadmi Party (AAP), who is challenging his arrest and detention in a case related to the alleged Delhi excise policy violation.
Justice Swarana Kanta Sharma issued a notice after a brief hearing and postponed the case when the ED's attorney requested more time to submit their response.
The case before the High Court pertains to Sanjay Singh's arrest on October 4 following an ED search at his residence. Initially, he was remanded to ED custody until October 10, and this detention was later extended until October 13.
Earlier today, he was placed under 14 days of judicial custody as the policy custody period ended. Hours later, the High Court heard his plea, which challenges both his arrest and the subsequent remand. Singh's counsel had mentioned the plea earlier in the morning.
In the High Court, Senior Advocate Vikram Chaudhari represented Sanjay Singh and contended that there has been a widespread misuse of the legal process. "The issue at hand is the extensive misuse of legal procedures. A well-respected leader has been arrested without any prior notice or summons being issued to me. I was not called for any inquiry or investigation. Suddenly, on the morning of October 4, they arrived at my residence and conducted a search. At 5:25 in the evening, I was arrested out of the blue," he stated.
He also referenced the Supreme Court's judgment in the M3M Reality case (Pankaj Bansal v. Union of India) on October 3, asserting that the ED must provide the grounds for arrest in writing before making the arrest.
"The Supreme Court has made a distinctive observation. In one paragraph, it acknowledges that the ED is a premier agency and emphasizes the need for fairness. However, the Supreme Court has also pointed out that the agency cannot act vindictively. Yet, they seem to assume the roles of judge, jury, and executioner," he further added.
Special Counsel Zoheb Hossain, representing the ED, argued that they had received a copy of Singh's petition only an hour ago. He requested the Court to officially notify the ED and reschedule the proceedings for another day.
Hossain proposed, "If the notices are going to be sent out, I will submit a response within two days."
Nonetheless, the Court opted to grant the ED the time they had requested. The Court stated, "I will allow him the chance to submit a reply, and we will schedule the proceedings for Monday."
The Court then decided to postpone the case until Tuesday at 11:30 am.
Also read: Delhi HC: Written grounds of arrest rule not applicable on UAPA cases
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