The Arvind Kejriwal Delhi Excise Policy Case

The arrest of Arvind Kejriwal in connection with the alleged Delhi Excise Policy scam marked one of the most politically sensitive actions by the Enforcement Directorate (ED) in recent years.

Background

The ED alleged irregularities and money laundering in the formulation and implementation of the Delhi Excise Policy 2021–22. The case was registered under the Prevention of Money Laundering Act (PMLA).

Judicial Developments

• Multiple rounds of arrest, remand, and bail proceedings occurred.
• Constitutional questions were raised regarding the timing of arrest, evidentiary standards under PMLA, and the scope of ED’s powers.
• Courts scrutinized the “proceeds of crime” theory and the evidentiary basis for custodial interrogation.

Why It Raises Concerns

While the matter remains sub judice and no final conviction has occurred, critics argue that:

• Arrest preceded full evidentiary crystallization.
• Prolonged incarceration became a central feature rather than trial progress.
• The case reflects a broader pattern where high-profile arrests dominate headlines but convictions remain distant.

The Aarushi Talwar Murder Case

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Investigated by the Central Bureau of Investigation (CBI), the 2008 Noida double murder case became symbolic of investigative inconsistency.

Outcome

• Trial court conviction in 2013.
• Acquittal by the Allahabad High Court in 2017 due to lack of conclusive evidence.

Key Failures

• Contaminated crime scene.
• Shifting investigative theories.
• Weak circumstantial chain.

The 2G Spectrum Case

Once described as one of India’s largest corruption scandals, the 2G case resulted in a complete acquittal in 2017.

Court’s Observation

The Special CBI Court held that the prosecution failed to prove its charges and relied on misinterpretation of documents.

Implication

Years of investigation ended without conviction—raising questions about evidentiary standards in white-collar crime.

The Bofors Scandal

The Bofors case remains one of India’s longest-running corruption investigations.

Why It Collapsed

• Delay spanning decades.
• Extradition challenges.
• Death of key accused.

The case eventually faded without meaningful conviction.

The AgustaWestland Chopper Scam

Another high-profile defence procurement case investigated by both CBI and ED.

Observed Issues

• Prolonged custody and bail litigation.
• Delay in trial commencement.
• Questions on admissibility of statements.

Despite dramatic arrests and extradition, convictions remain elusive.

The INX Media Case

This case involved allegations of irregular Foreign Investment Promotion Board approvals.

Current Status

• Arrests and multiple bail orders.
• Trial progression remains slow.
• No conviction to date.

Structural Problems Behind Unsuccessful Prosecutions

Across these cases, recurring patterns emerge:

1. Arrest-First, Evidence-Later Approach

High-profile arrests create political and media impact, but evidentiary gaps surface during trial.

2. Over-Reliance on Circumstantial or Documentary Interpretation

White-collar crime requires precise financial tracing; weak linkage collapses in court.

3. Delay in Investigation and Trial

Prolonged litigation weakens witness reliability and public confidence.

4. Procedural Lapses

Improper seizure, flawed sanction, or inconsistent charge framing damages prosecution.

5. Political Sensitivity

Cases involving powerful individuals attract allegations of selective prosecution.

Judicial Criticism and Institutional Concerns

The Supreme Court of India famously described the CBI as a “caged parrot” during coal allocation hearings, reflecting concerns over autonomy and independence.

Similarly, courts have increasingly scrutinized ED’s powers under the Prevention of Money Laundering Act, particularly regarding arrest, bail, and evidentiary presumptions.

Conclusion

The issue is not merely about acquittals—it is about credibility of prosecution.

When agencies like CBI and ED conduct dramatic investigations that end without conviction, three consequences follow:

1. Public faith erodes.
2. Accused claim vindication.
3. The justice system appears politicised.

The solution lies not in aggressive arrest strategy, but in:

• Evidence-based investigation
• Procedural discipline
• Institutional independence
• Time-bound trials

Only then can enforcement move from headline prosecution to sustainable conviction.

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