Excise policy: SC questions ED over delay in probe, asks for case files before Kejriwal's arrest
New Delhi (PTI): The Supreme Court on Tuesday questioned the Enforcement Directorate (ED) over the "delay" in its probe into the excise policy-linked money laundering case involving Delhi Chief Minister Arvind Kejriwal, and asked the agency to produce case files before the arrest of the AAP leader.
A bench of Justices Sanjiv Khanna and Dipankar Datta also asked the ED to produce case files before and after the arrest of Delhi's former deputy chief minister Manish Sisodia, who is also an accused in the case.
The bench is hearing arguments on Kejriwal's plea challenging his arrest by the ED in the case.
It questioned the ED on the time taken to probe the case and noted that the agency has taken two years to unearth something
The bench also asked why relevant direct questions were not put to witnesses and accused in the case.
Additional Solicitor General S V Raju, appearing for the ED, said initially Kejriwal was not the focus of the investigation in the case and his role became clear at later stage.
He said Kejriwal had stayed in a seven-star hotel during the 2022 Goa Assembly polls and part of the bills were allegedly paid by the Delhi government's general administration department.
The bench was given a note by Raju in which he contradicted the submission of Kejriwal that the statements of approvers were suppressed by the probe agency.
The arguments in the matter are underway.
Kejriwal was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.
The top court had issued a notice to the ED on April 15 and sought its response to Kejriwal's plea against his arrest.
On April 9, the Delhi High Court had upheld Kejriwal's arrest, saying there was no illegality and the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.
The case relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
