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New Delhi: Delhi Chief Minister Arvind Kejriwal was remanded by the Enforcement Directorate (ED) for six days in a Rouse Avenue PMLA court on Friday in a money laundering case related to the excise policy. ED sought 10 days' custody of Kejriwal. Earlier, Kejriwal had filed an application in the Supreme Court on Thursday night against the ED arrest, but on Friday morning Kejriwal withdrew the application from the Supreme Court. On the other hand, ED has also accused Kejriwal of spying on its officials and has also initiated action against him in this regard.
After the Delhi High Court refused to protect Chief Minister Arvind Kejriwal from arrest in a money laundering case related to the new liquor policy in Delhi, the ED raided the CM's residence on Thursday evening and arrested him. After this, ED presented Kejriwal before Special Judge Kaveri Bajwa in Rouse Avenue Court on Friday afternoon and sought 10 days' custody. However, Justice Kaveri Bajwa gave six days' ED remand to Kejriwal till March 28.
During the hearing in the case, ED said that AAP convenor Arvind Kejriwal and other ministers and leaders of Aam Aadmi Party are the main conspirators in the liquor policy scam. His role and his statements should be interrogated to get information about the bribes received in the formulation and implementation of Delhi Liquor Policy 2021-22. Kejriwal was not cooperating in the investigation and was ignoring the summons under Section 50 of PMLA.
During the investigation, some electronic devices and documents were seized from Kejriwal's house. Inquiries regarding this are necessary. Questioning of Kejriwal on whatever material has been seized in this case is possible only in jail. Kejriwal is to be questioned about other associates-organizations involved in the bribe given by South Group to AAP and its leaders. It is necessary to interrogate Kejriwal to get information about how this scam was carried out.
Kejriwal has received a bribe of Rs 100 crore. Moreover, the money trail shows that he received Rs. through hawala. A bribe of Rs 45 crore was received, which was used in the Goa elections. Call detail records corroborate the statements of the accused and witnesses.
Earlier, Kejriwal had filed an application in the Supreme Court on Thursday night against the arrest by ED, which was heard by the bench of Chief Justice DY Chandrachud on Friday morning and sent him to the special bench headed by Sanjeev Khanna. However, Kejriwal later withdrew the petition in the Supreme Court. After this, he was produced in Rouse Avenue Court in the afternoon.
Meanwhile, Kejriwal's troubles are increasing. Kejriwal, who is facing the liquor policy scam case, has now been prosecuted by ED for spying on two of his officers. Sources said that when Kejriwal's house was raided on Thursday evening, some documents were seized from his house, which clearly shows that Kejriwal was spying on the two officers investigating the case. ED has received 150 pages of documents, which include information about officers' work, family and property etc.
On the other hand, after his arrest, Arvind Kejriwal, while reacting for the first time, said in Rouse Avenue Court that whether I am in jail or outside, my life is dedicated to the country. At the same time, Aam Aadmi Party demonstrated violently across the country including Delhi on Friday against the arrest of Kejriwal. Delhi Police detained many leaders including Saurabh Bhardwaj and Atishi. AAP leaders claimed that Kejriwal has been arrested as part of a 'political conspiracy' to stop him from campaigning in the Lok Sabha elections. Apart from this, India Block complained to the Election Commission saying that during the Lok Sabha elections, the Central Government has arrested the Chief Ministers of two states within a few weeks.
ED action in alleged liquor scam
Kejriwal can remain CM even after arrest: Expert
Despite not being legally barred, it is administratively impossible for Kejriwal to run the government from jail.
Arvind Kejriwal may continue as Delhi Chief Minister despite being arrested by the Enforcement Directorate (ED) in a money laundering case related to the alleged excise policy in Delhi, legal experts say. Experts said on Friday that no law prevents the arrested person from holding any post.
Delhi Chief Minister Kejriwal was arrested by the ED on Thursday night after the Delhi High Court refused to grant him protection against arrest by the central probe agency ED. Senior lawyer Gopal Shankaranarayan said that even if the Chief Minister is arrested, no law can stop him. From holding office. However, senior lawyer Vikas Singh said that even though there is no legal bar, it is almost impossible to continue as Chief Minister while being in administrative jail. Kejriwal is not ready to resign from the post of Chief Minister. Aam Aadmi Party (AAP) said that he will remain the Chief Minister of Delhi and if necessary, will run the government even from jail.
Responding to a question on whether Kejriwal can remain chief minister even after his arrest, Shankaranarayan said an MLA or minister can be disqualified only after being convicted under the Representation of the People Act. However, it is technically impossible for them to operate from prison. According to Section 3, Section 8 of the Representation of the People Act, an MLA or MP who has been sentenced to more than two years of imprisonment can be disqualified. Under Article 361 of the Constitution, only the President and the Governor are immune from arrest and court proceedings. There is no such exemption for the Prime Minister and the Chief Minister.
Kejriwal's arrest: PMLA courtroom drama
Kejriwal mastermind of liquor policy scam: ED alleges
– If you have all the evidence then why do you want to arrest and interrogate: Singhvi's argument
The Enforcement Directorate on Friday presented Kejriwal in the PMLA court and sought 10 days' remand. On the other hand, his lawyer Abhishek Manu Singhvi made strong arguments for the release of Kejriwal.
ED's arguments
Our remand petition contains the complete background of the product policy case.
The policy was designed to enable bribes to be taken and bribe givers to benefit.
Kejriwal is the mastermind behind the scam. Kejriwal gave advantage to some special people to take bribe.
Aam Aadmi Party used bribe money in Goa elections. Kejriwal was directly involved in policy making.
Sisodia's secretary said that in 2021, Sisodia had called him to Kejriwal's residence. Sisodia has also been arrested in this case and he has not been granted bail.
Vijay Nair, another accused arrested in the liquor policy case, was working with Kejriwal. He lived near Kejriwal's house. He played the role of mediator.
Kejriwal demanded bribe from southern groups. We have enough evidence to prove it. Kejriwal met Kavita and asked her to work together on Delhi's excise policy.
Money exchange took place on two occasions. Cash was given as bribe through vendors.
Everything has been confirmed through chat. According to the chat, through hawala in Goa, Rs. Rs 45 crores were transferred. Many people were given huge amounts of cash.
Defense of lawyer Singhvi
Remand is not automatic. It must meet the provisions of laws like PMLA.
The first condition is that the accused must have some material possession. And he will be guilty.
There must be a causal connection between the reason for finding someone guilty and the material in the possession of the ED.
Special attention should be paid to the need for arrest.
Merely having the power of arrest does not make its use necessary.
The remand application is a copy paste of the grounds of arrest.
If you have all the evidence then why would you want to arrest and interrogate.
80 percent people did not take the name of Kejriwal. He did not even tell that he had ever met him.
If someone working under the complainant gives a statement against me, will the court consider it as evidence? No material indicating any wrongdoing was found.
While reading the verdict, Pawan Bansal said that security measures were not adopted at the time of arrest.
If the views of the Supreme Court are not taken seriously then the Supreme Court should take punitive action.
