Arvind Kejriwal being remanded to ED custody, and earlier this week to judicial custody, till April 15, while AAP MP Sanjay Singh was granted bail by the Supreme Court on Tuesday after almost 6 months in jail, there is much political drama that has unfolded. Various factions are hurling allegations against each other, including that of misuse of enforcement agencies to intimidate opposition leaders. So, the common man may well end up asking: is the law different for politicians?
With a record number of undertrials languishing in judicial custody, we witness an outcry when a politician is remanded to police or judicial custody. The law happens to be the same for all. An accused, in most cases, is remanded:
When prosecution is able to demonstrate substantial evidence about his or her involvement in a criminal offence.
If custodial interrogation is required.
If there is a possibility of the accused tampering with evidence.
On many occasions, the political outcry is not only an attempt to influence public opinion but also one that seeks to influence and intimidate the judiciary. Recently, 600 lawyers wrote to CJI about the 'selective' criticism and praise of the judiciary.
Kejriwal pitches himself as a staunch supporter of the law and crusader against corruption. So, it's only logical that he cooperates with the law enforcement agencies. He will come out clean if there is nothing against him. Avoiding nine ED summons went against his interests.
In the past, CJI D Y Chandrachud had opined how there have been many