Opposing Arvind Kejriwal’s plea challenging Delhi High Court validating his arrest in the money laundering case related to the scrapped Excise policy, the Enforcement Directorate told the Supreme Court that arrest of a person, however high he may be, for the commission of offence based on material, can never violate the concept of free and fair elections.
“The arrest of a person, however high he may be, for the commission of offence based on material, can never violate the concept of free and fair elections. If the aforesaid argument is accepted, politicians who are criminals would be granted immunity from arrest on the ground,” said the ED in its reply before the Supreme Court.
It further stated that Arvind Kejriwal was avoiding interrogation by not remaining present before the investigating officer despite being summoned nine times.
The federal probe agency, in its reply, running into more than 700 pages, also detailed that a total of over 170 mobile phones were changed/destroyed by 36 persons (accused and other persons involved) during the period of the scam and when the scam and irregularities in the Delhi Excise Policy of 2021-22 became public.
“The conclusion of destruction of mobile phones is based on the fact that these mobile phones were not recovered during intensive searches conducted by ED and then on examination of these persons they were unable to produce them or produced them in completely or significantly formatted state,” the reply read.
The agency further stated that the large-scale destruction of digital evidence, in this case, was intentionally made to destroy evidence of involvement of these accused in the offence of money laundering by destroying evidence of handling of proceeds of crime, money trail as well as their involvement/ connection in the process/activities connected with proceeds of crime for the commissioning of offence of money laundering.
Dubbing the claim of Arvind Kejriwal that he can’t be arrested right ahead of elections, the ED says, “…the power u/s 19 of PMLA, 2002 have been exercised as per the due procedure. Petitioner’s claim to get protection in the name of elections is misplaced since he was arrested on being found guilty of the offence of money laundering.”
AAP’s response
Responding to the financial probe agency’s response before the top court, the AAP said the ED was nothing but a machine for telling lies.
“Every time, the ED comes up with new manufactured lies at the whims of their master, the BJP,” the party said.
“The ED does not a shred of evidence against Arvind Kejriwal, there is no money trail linked to any AAP leaders. The only money trail in the alleged Delhi liquor scam is Rs 60 crore bribe from Sharath Reddy to BJP’s accounts, which the ED isn’t investigating,” the party said.
“It’s clear that the ED’s only motive is to stop Arvind Kejriwal from coming out of jail before Lok Sabha elections are over. After Phase 1 of polls, the BJP is gripped by fear. They know that if Arvind Kejriwal were to campaign in the remaining phases of Lok Sabha elections, their defeat would be certain,” the party added.
The reply was filed on the petition filed by Kejriwal challenging an order of the Delhi High Court terming his arrest as “legal” and saying that all procedures under Section 19 of the Prevention of Money Laundering Act (PMLA) were complied with.
The Enforcement Directorate is represented by Solicitor General Tushar Mehta, Additional Solicitor General S V Raju, Special Public Prosecutor Zoeb Hossain, and Advocates A Venkatesh and Kanu Aggarwal
Arvind Kejriwal on the other hand is represented by Senior Advocates Abhishek Manu Singhvi, and Ramesh Gupta and advocates Rishikesh Kumar and Rajat Bhardwaj.
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