Cometh Opposition's legal tussles, cometh Abhishek Manu Singhvi

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"Everyone should learn from Dr Abhishek Manu Singhvi how to be in all courts at the exact right time," Supreme Court judge Justice BR Gavai said while hearing a case in May. To this, Solicitor General (SG) Tushar Mehta replied, "Dr Singhvi never takes vacations also".

The remark by the senior judge and the senior law officer attests to the importance of Abhishek Manu Singhvi, who has helmed a majority of the courtroom tussles on behalf of the opposition.

From leading the arguments for bail for AAP's Rajya Sabha MP Sanjay Singh to getting interim relief for Delhi Chief Minister Arvind Kejriwal ahead of the Lok Sabha polls in Delhi, Singhvi has been the trusted legal eagle.

In fact, when Rahul Gandhi reached out to Arvind Kejriwal's family and offered them legal help after the dramatic arrest of Kejriwal on March 21, it was evident who would lead the charge in the courts.

HOW SINGHVI TORE INTO ED'S CHARGES AGAINST KEJRIWAL

Appearing in the Supreme Court and the Delhi High Court for Kejriwal, the senior advocate tore into the Enforcement Directorate's charges, with a point-by-point rebuttal in the politically fraught liquor policy case.

After a setback in the Delhi High Court, Singhvi brought up the timing of Arvind Kejriwal's arrest in the Supreme Court. The senior advocate and Congress leader pointed out that Kejriwal was taken into custody by the ED just five days after the Model Code of Conduct (MCC) came into place.

After Singhvi brought up this point, the Supreme Court suggested last week that they would consider granting interim bail in light of the Lok Sabha election in Delhi on May 25. Kejriwal was eventually granted bail until June 1.

Singhvi set the tone by not filing a bail application in the Supreme Court and challenging Kejriwal's arrest and judicial custody instead.

When Justice Sanjiv Khanna asked why the Aam Aadmi Party chief had not filed a bail application, Singhvi said, "Because the arrest is illegal. Applying for bail, would be to admit that the arrest was lawful."

He also punched holes into the ED's argument that Kejriwal was the "kingpin" and the "key conspirator" of the now-scrapped Delhi liquor policy.

The top advocate pointed out that none of the five chargesheets filed by the CBI and three prosecution complaints by the ED in the case mentioned Kejriwal. He further said that Arvind Kejriwal's name also did not appear in the 15 witness statements recorded until July 2023.

Underscoring that the investigating agency had no proof of the Delhi Chief Minister's involvement, Singhvi said, "If the ED had thought Kejriwal was involved, why had they let a 'guilty Chief Minister' roam free for 1.5 years?"

The senior advocate and former Rajya Sabha MP also flagged inconsistencies in witness statements, suggesting that the witnesses were pressured into making statements against the AAP chief.

PUNCHES HOLES INTO ED'S CASE AGAINST SANJAY SINGH

Abhishek Manu Singhvi led the charge for the bail petition for Sanjay Singh, who was also arrested in the same case in October 2023.

Arguing that the ED did not pass the "necessity" test in arresting Singh, Singhvi said the probe agency failed to establish any trail of evidence in the five months since the AAP leader was arrested.

The ED's case against Sanjay Singh was based on statements by businessman Dinesh Arora, who, as per the agency, was a "conduit for kickbacks" between the AAP and the 'South group'. Arora turned approver in both the ED and CBI cases.

Singhvi pointed out that Arora's statements allegedly implicating Singh were made in his tenth statement and the nine previous statements did not mention the Rajya Sabha MP in any way.

Sanjay Singh was eventually granted bail by the Supreme Court on April 4, giving AAP a much-needed boost ahead of the Lok Sabha polls.

WHO IS ABHISHEK MANU SINGHVI?

Born on February 24, 1959, in Rajasthan's Jodhpur, Abhishek Singhvi has a stellar academic record. After completing his schooling from St Columba's in Delhi, Singhvi did his bachelor's in economics from the prestigious St Stephen's College.

He earned his Ph.D. from Trinity College, Cambridge, and did a course in Public International Law (PIL) from Harvard University. The high-profile lawyer charges around Rs 20.5 lakh for one hearing and apperance.

Apart from serving as the Congress spokesperson, he was the chairperson of the parliamentary standing committee on law and justice during the UPA II rule. He also served as the Additional Solicitor General (ASG) of India.

However, his career has not been without controversies. In 2012, Singhvi resigned as Congress spokesperson and quit the parliamentary panel following a sex CD row.

From the Sabarimala case where he argued against the right of women to worship at the temple, to the 'Modi surname' case where the Supreme Court paused the conviction of Rahul Gandhi, Singhvi has been at the forefront of several important legal cases. He also bailed out Sonia Gandhi and Rahul Gandhi in the National Herald-Young Indian case.

Published By:

Abhishek De

Published On:

May 10, 2024

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