Delhi chief minister Arvind Kejriwal is the “kingpin and key conspirator” of the excise coverage case and the arrest of an individual for an offence based mostly on materials can by no means violate the “idea of free and truthful elections”, the ED has advised the Supreme Courtroom.
The Enforcement Directorate claimed that Kejriwal labored in collusion together with his ministers and AAP leaders and was additionally concerned in “demanding kickbacks” from liquor businessmen in alternate for favours granted within the coverage.
“Arvind Kejriwal, chief minister of NCT of Delhi is the kingpin and key conspirator of the Delhi excise casein collusion with ministers of the Delhi govt, AAP leaders and different individuals,” the company mentioned in its 734-page reply affidavit.
“Arvind Kejriwal was concerned within the conspiracy of formulation of the excise coverage 2021-22 to favour sure individuals and in addition concerned within the demanding kickbacks from liquor businessmen in alternate for favours granted within the mentioned coverage,” it mentioned.
The ED mentioned there are not any totally different provisions within the PMLA, 2002 for various requirements of proof to be obtainable to arrest a Chief Minister or a standard citizen and the petitioner by emphasising his place is making an attempt to carve out a particular class for himself which can’t be accepted.
Countering Kejriwal’s rivalry that his arrest violates fundamental buildings and doctrine of free and truthful elections, the probe company, which arrested Kejriwal within the case, mentioned, “The arrest of an individual, nevertheless excessive he could also be, for a fee of offence based mostly on materials, can by no means violate the idea of free and truthful elections.
“If the aforesaid argument is accepted, politicians who’re criminals can be granted immunity from arrest on the bottom that he’s required to canvass within the election,” it mentioned.
“Treating a politician otherwise from an abnormal felony in a matter of arrest would quantity to arbitrary and irrational train of energy of arrest which might violate the precept of equality enshrined beneath Article 14 of the Structure,” it added.
The company identified that the arrest of Kejriwal was made as a result of the investigating officer is in possession of fabric as required beneath part 19 which might point out his guilt of the offence of cash laundering punishable beneath the PMLA.
“A differential remedy in favour of a politician who’s responsible of the offence of cash laundering would violate ‘rule of regulation’ which might be a violation of the basic structure of the Structure,” it mentioned.
Justifying his arrest, the ED mentioned Kejriwal had been arrested bona fide and never for any mala fide or extraneous causes.
“It’s categorically denied that the arrest was mala fide. Concerning the rivalry pertaining to mala fide, it’s submitted that not solely the contentions of the petitioner is baseless and ill-founded however it’s imprecise, basic and never particular,” it mentioned.
It identified that Kejriwal was concerned in using proceeds of crime thus generated within the Goa election marketing campaign of the AAP to which he’s the convenor and the final word determination maker.
The ED mentioned Kejriwal has demanded kickbacks from the South Group in alternate for awarding favours to them within the formulation and implementation of the Excise Coverage 2021-22 and highlighted that the chief minister was avoiding interrogation by not being current earlier than the investigating officer regardless of 9 summonses.
Reacting to the affidavit, the Aam Aadmi Party (AAP) alleged that the ED has change into “a machine for telling lies”.
The ED mentioned in its affidavit, “The accused, by his conduct, has himself contributed and aided the investigating officer relating to the existence of the need to arrest, aside from the fabric in possession of the IO, to kind the satisfaction that the petitioner is responsible of the offence of cash laundering.” Terming Kejriwal’s petition difficult his arrest as “devoid of advantage” and liable to be dismissed, the ED mentioned the fabric that fashioned the premise for the satisfaction of the investigating officer for arresting him had been perused by totally different courts.
“Due to this fact, on this restricted floor, the petition is devoid of advantage and liable to be dismissed in limine. “Second rivalry on this regard is that the fabric in possession of the investigating company which fashioned the premise for the investigating company to reach on the satisfaction requisite for arresting the accused particular person, having been seen and perused by three totally different judicial authorities (courts) at three totally different ranges has discovered judicial imprimatur and the consequential denial to grant the aid requested for by the petitioner in reference to the identical,” it mentioned.
The ED arrested Kejriwal on March 21, hours after the Delhi Excessive Courtroom refused to grant him safety from coercive motion by the federal anti-money laundering company. He’s at the moment lodged in Tihar jail beneath judicial custody.
On April 15, the highest court docket issued a discover to the ED and sought its response to Kejriwal’s plea.
The probe company mentioned in its affidavit, “Even on the date of the search throughout his interrogation whereas recording his assertion beneath Part 17 of the PMLA (Prevention of Cash Laundering Act), he was avoiding answering questions by being evasive and completely non-co-operative even with respect to easy non-incriminating questions.”
Reacting to the ED’s affidavit, the AAP mentioned, “The ED has change into nothing however a machine for telling lies. Every time the ED comes up with new manufactured lies on the whims of their masters, the BJP.” The matter pertains to alleged corruption and cash laundering within the formulation and execution of the Delhi authorities’s now-scrapped excise coverage for 2021-22.