NEW DELHI: Delhi chief minister Arvind Kejriwal was sent to 15-day judicial custody until April 15 by Special Judge Kaveri Baweja at Rouse Avenue Court on Monday in connection with the Delhi Excise Policy money laundering case.
Under tight security, the Enforcement Directorate (ED) escorted Arvind Kejriwal to the court premises, where the agency submitted an application seeking direction to place Kejriwal in judicial custody, stating that further custodial interrogation was presently unnecessary.
The Enforcement Directorate said he was “non-cooperative” and should be placed in judicial custody, following which the Delhi CM was moved to Tihar Jail No.2.
ED said Kejriwal is highly influential, and there is every likelihood he will influence the witnesses and tamper with the evidence if released, which may hamper the ongoing investigation.
Why was Kejriwal arrested?
Kejriwal was arrested by the Enforcement Directorate on March 21 in the Delhi excise policy-linked money laundering case and subsequently remanded in the agency’s custody till March 28 by a court here.
This wasn’t his first time behind bars. He’s actually been to Tihar jail twice before. Kejriwal is the fourth AAP lawmaker who is currently lodged in Tihar Jail.
What is judicial custody?
In serious offences, the court may accede to police request to remand the accused in judicial custody after the expiry of police custody so that evidence or witnesses are not tampered with. Law mandates filing of chargesheet in criminal cases within 90 days. If the chargesheet is not filed within 90 days, the court normally grants bail to the accused. But in heinous offences, like murder and rape, the accused is normally kept in judicial custody (kept in jail under the court’s custody) for a longer time despite filing of the chargesheet so that the process of trial is not influenced.
The judicial custody may be of 60 days for all other crimes if the court is convinced that sufficient reasons exist, following which the accused or suspect must be released on bail.
What is Police custody?
In police custody remand means that the physical custody of the accused is with the Police, and the accused is lodged in a lock-up of a police station. Earlier accused were afraid of police custody as they were subjected to harassment and physical torture but such incidents have become fewer after the SC judgments enumerated the rights of accused and brought many police officers to task for custodial torture.
Resourceful accused, politicians as well as others, certainly enjoy immunity from “third-degree” or, to use Americanese, “enhanced interrogation methods”.
After lodging an FIR for a cognisable offence (which provides for punishment of more than 3 years), police arrest the accused to prevent him from tampering with evidence or influencing witnesses. Within 24 hours of arrest, police produce the accused before a court (mandatory under law) and seek his remand to police custody to enable it to complete investigations expeditiously. It is for police to decide how long it is warranted to keep the accused in its custody, which expires in 15 days.
How Judicial custody different from police custody?
Police custody means that police have physical custody of the accused while judicial custody means an accused is in the custody of the court.
Under tight security, the Enforcement Directorate (ED) escorted Arvind Kejriwal to the court premises, where the agency submitted an application seeking direction to place Kejriwal in judicial custody, stating that further custodial interrogation was presently unnecessary.
The Enforcement Directorate said he was “non-cooperative” and should be placed in judicial custody, following which the Delhi CM was moved to Tihar Jail No.2.
ED said Kejriwal is highly influential, and there is every likelihood he will influence the witnesses and tamper with the evidence if released, which may hamper the ongoing investigation.
Why was Kejriwal arrested?
Kejriwal was arrested by the Enforcement Directorate on March 21 in the Delhi excise policy-linked money laundering case and subsequently remanded in the agency’s custody till March 28 by a court here.
This wasn’t his first time behind bars. He’s actually been to Tihar jail twice before. Kejriwal is the fourth AAP lawmaker who is currently lodged in Tihar Jail.
What is judicial custody?
In serious offences, the court may accede to police request to remand the accused in judicial custody after the expiry of police custody so that evidence or witnesses are not tampered with. Law mandates filing of chargesheet in criminal cases within 90 days. If the chargesheet is not filed within 90 days, the court normally grants bail to the accused. But in heinous offences, like murder and rape, the accused is normally kept in judicial custody (kept in jail under the court’s custody) for a longer time despite filing of the chargesheet so that the process of trial is not influenced.
The judicial custody may be of 60 days for all other crimes if the court is convinced that sufficient reasons exist, following which the accused or suspect must be released on bail.
What is Police custody?
In police custody remand means that the physical custody of the accused is with the Police, and the accused is lodged in a lock-up of a police station. Earlier accused were afraid of police custody as they were subjected to harassment and physical torture but such incidents have become fewer after the SC judgments enumerated the rights of accused and brought many police officers to task for custodial torture.
Resourceful accused, politicians as well as others, certainly enjoy immunity from “third-degree” or, to use Americanese, “enhanced interrogation methods”.
After lodging an FIR for a cognisable offence (which provides for punishment of more than 3 years), police arrest the accused to prevent him from tampering with evidence or influencing witnesses. Within 24 hours of arrest, police produce the accused before a court (mandatory under law) and seek his remand to police custody to enable it to complete investigations expeditiously. It is for police to decide how long it is warranted to keep the accused in its custody, which expires in 15 days.
How Judicial custody different from police custody?
Police custody means that police have physical custody of the accused while judicial custody means an accused is in the custody of the court.
