Arvind Kejriwal, Supreme Court and ED
Delhi Chief Minister Arvind Kejriwal told the Supreme Court on Saturday that his arrest by the Enforcement Directorate (ED) in the Delhi excise policy case just before the Lok Sabha elections, spoke volumes about the arbitrariness of the ED and how the agency was being misused to crush the political opponents of the Bharatiya Janata Party (BJP) [Arvind Kejriwal vs Enforcement Directorate].
In his rejoinder affidavit before the Supreme Court, Kejriwal stated a level playing field, which is a prerequisite for free and fair elections, has been compromised by his arrest.
“This timeline establishes the fact that the Petitioner has been arrested intentionally with a malafide intent without any necessity to arrest. A level playing field- which is a pre-requisite for ‘free and fair elections’- has clearly been compromised with the illegal arrest of the Petitioner. That the present case is a classic case of how the ruling party led central government has misused the central agency- Enforcement Directorate and its wide powers under PMLA to crush its biggest political opponent -Aam Aadmi Party and its leaders,” the affidavit said.
Further, it was contended there is a glaring absence of any material indicating his involvement in the case on whether it be concealment, possession, acquisition or utilization of proceeds of crime to attract Section 3 of Prevention of Money Laundering Act (PMLA) which defines money laundering.
The submissions made by ED and the stand taken by ED would render the most cherished fundamental right under Article 21 of the Constitution to be a dead letter and spell a death knell to it, Kejriwal further submitted.
“While claiming its supremacy and absolute “touch me not attitude” in the field of purported investigations what the ED forgets is that it has never claimed that the summons were issued to an accused who did not obey,” the affidavit said.
The affidavit was filed as part of the plea filed by him challenging his arrest and remand by the ED.
Kejriwal is currently lodged in Tihar jail under judicial custody after his arrest by the ED in the case.
The ED’s money laundering probe stems from a case registered by the Central Bureau of Investigation (CBI) on August 17, 2022 in connection with alleged irregularities in the Delhi Excise Policy for 2021-22.
The CBI case was registered on a complaint made by Lieutenant Governor VK Saxena on July 20, 2022.
It has been alleged that a criminal conspiracy was hatched by AAP leaders, including former Deputy Chief Minister Manish Sisodia and other unidentified and unnamed private persons/entities during the stage of the policy’s formulation.
The conspiracy, it has been alleged, stemmed from some of the loopholes “intentionally” left or created in the policy. These were allegedly meant to favour some licensees and conspirators post the tender process.
Several AAP leaders including former Deputy Chief Minister Manish Sisodia and Member of Parliament Sanjay Singh were arrested by the ED in connection with the case.
Kejriwal was arrested by the ED on March 21 and then produced before Delhi’s Rouse Avenue Court, which initially remanded him to ED custody till March 28.
The ED’s custody over him was later extended till April 1. Thereafter, he was sent to judicial custody and he continues to be lodged in Tihar jail.
Meanwhile, he challenged his arrest and remand before the High Courtwhich eventually refused him relief.
The High Court said that there was evidence to show Kejriwal’s involvement in the alleged scam.
The High Court further said that the money received as kickbacks was used for political campaigning in the 2022 Goa legislative assembly elections.
This led to the present appeal before the apex court.
In response to his plea, the ED had earlier said that Kejriwal cannot be treated differently from any other criminal on the ground that he is a politician and doing so would be arbitrary and in violation of the principle of right to equality enshrined under Article 14 of the Constitution.
In its affidavit filed before the top court on April 24, the ED had submitted that the arrest of Kejriwal was based on possession of material as required under Section 19 of the Prevention of Money Laundering Act (PMLA) which would indicate his guilt in the offence of money laundering.
Kejriwal’s affidavit of Saturday stated that ED has forgotten that Section 19 does not validate an arrest merely on account alleged non-cooperation and that the alleged noncooperation, has never been spelt out by the ED.
“What was the requirement in not calling the petitioner either through an authorised agent or seeking information or documents from him in writing or through a virtual mode and insisting on his presence physically in person, is not forthcoming,” said the rejoinder.
