In a big setback to the Aam Aadmi Party, the Rouse Avenue Court on March 22, Friday granted 6 days of custody of Delhi CM and AAP supremo Arvind Kejriwal to the Enforcement Directorate in connection with the money laundering case in the alleged liquor policy scam.
The decision came after the Rouse Avenue Court on Friday reserved its order on pleas by the Enforcement Directorate (ED) seeking 10-day custody of Delhi Chief Minister Arvind Kejriwal. As per the court order, Arvind Kejriwal will remain in ED’s custody till 28 March. This means, Kejriwal will remain in jail during Holi, unless his lawyers are able to secure bail for him.
The ED arrested him a day before in connection with the alleged Delhi liquor scam case and produced him before the court of Special Judge Kaveri Baweja.
Delhi CM Arvind Kejriwal ‘kingpin and key conspirator’ in liquor scam: ED tells court; seeks 10-day custody
Delhi Chief Minister Arvind Kejriwal was the “kingpin” and “key conspirator” in the Delhi liquor policy scam, the Enforcement Directorate (ED) told the Rouse Avenue court as it sought the custody of the Aam Aadmi Party (AAP) leader for 10 days.
The agency has claimed Kejriwal was the middleman between the ‘south group’ and other accused, including ex-Deputy Chief Minister Manish Sisodia (arrested last year) and AAP officer Vijay Nair.
According to the agency, the total proceeds of the alleged scam exceeded Rs 600 crore, including Rs 100 crore allegedly paid by the ‘south group’.
Meanwhile, senior Advocate Abhishek Manu Singhvi appeared for the Delhi Chief Minister and AAP national convenor while Additional Solicitor General (ASG) SV Raju and Special Counsel Zoheb Hossain appeared for the central probe agency.
In its arguments before the court, the ED alleged that the Chief Minister of Delhi is the key conspirator and kingpin in demanding kickbacks from businessmen. The agency further claimed that Kejriwal was directly involved in the formation of the now-scrapped Excise policy.
The ED counsel claimed that Vijay Nair, who was the media in charge of AAP, was working for Delhi CM Kejriwal. Nair, who the agency said lives adjacent to the residence of Kejriwal and acted as a middleman between the AAP and the ‘South Group’.
The ED counsel further claimed that the proceeds of crime are not only Rs 100 crore but profits made by bribe givers were also proceeds of crime. The counsel said that the agency had traced hawala trails of Rs 45 crore that were used in the Goa Elections.
ASG SV Raju said that AAP is a beneficiary, which exists as a company. Every person responsible for the conduct of the company is responsible. Apart from being liable as an individual, the CM is also vicariously liable.
The ASG said that Kejriwal’s role via the AAP is important in addition to his personal role in the alleged scam. The counsel further said that Kejriwal was not cooperative during the search.
ED further alleged that Kejriwal is responsible for all AAP affairs. He is the national convenor of the party. The kickbacks came in cash and were used in Goa assembly elections. The excise policy is a scam, it was only made to fund the Goa elections the counsel said.
Senior Advocate Abhishek Manu Singhvi appearing for Kejriwal opposed the remand plea and submitted that the agency needs to show the necessity to arrest. Singhvi argued that the power of arrest and the necessity of arrest are two different things.
Singhvi further stated that there is no direct evidence. Without there being any material in possession of the Enforcement Directorate on the basis of which Kejriwal can be believed to be guilty of an offence, he is being illegally and arbitrarily arrested by the ED.
Earlier, the Enforcement Directorate (ED) had produced Kejriwal before Rouse Avenue Court under tight security.
While entering the court complex Kejriwal told reporters, “My life is dedicated to the country whether I am inside or outside the prison.”
Delhi CM withdraws plea against arrest from Supreme Court
Earlier in the day, the AAP supremo had withdrawn his petition from the Supreme Court seeking bail in the excise policy case, the case in which the central agency had arrested him last night.
This move by the Aam Aadmi Party chief came shortly after Bharat Rashtra Samithi leader K Kavitha, who was arrested last week in the same case, had her petition rejected by the apex court. Interestingly, the same bench that handled Kavitha’s case was assigned to consider Arvind Kejriwal’s plea.
Kejriwal was arrested by the ED in the excise policy case on Thursday, March 22 after the Delhi High Court refused interim protection to him from coercive action in connection with the excise policy case.
The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi excise policy case 2022, which was later scrapped.