Manas Dasgupta
NEW DELHI, Mar 22: The Delhi special court on Friday reserved its order on the Delhi chief minister Arvind Kejriwal’s petition challenging his late night arrest and the Enforcement Directorate (ED) seeking his 10 days remand for questioning in the alleged Delhi liquor policy scam case.
The order could be issued any time on Friday night.
The ED has claimed in the special court that Arvind Kejriwal was the “kingpin and key conspirator” in the Delhi Excise policy scam as it presented the Delhi Chief Minister in the court a day after arresting him. The agency claimed in its remand papers that “Kejriwal was involved in the conspiracy of formulation of the excise policy 2021-22 to favour certain persons and also involved in the demanding of kickbacks from liquor businessmen in exchange of favours granting in the said policy.”
It claimed Arvind 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. Total proceeds of the alleged scam, the agency said, exceeded ₹ 600 crore; this includes ₹ 100 crore allegedly paid by the ‘south group’ the agency has claimed includes Bharat Rashtra Samithi leader K Kavitha, who was arrested last week.
During the day, AAP leaders and supporters staged protests and courted arrest in many States protesting their leader’s arrest. While the Opposition parties termed the arrest “vendetta politics”, the BJP said Kejriwal should step down as Chief Minister. A PIL in Delhi High Court has also sought the removal of Kejriwal from the post.
Mr Kejriwal – the first sitting Chief Minister to be arrested – has denied all charges. His party has repeatedly claimed the ED has yet to recover any allegedly illegally acquired cash. In his first reaction since the arrest, Mr Kejriwal told reporters “my life is dedicated to the nation.” Shortly afterwards his wife, Sunita Kejriwal posted an appeal on X “your chief minister always stood with you whether inside or outside (jail), his life is dedicated to the country,” she said.
The ED in its submission before the court said, “He was directly involved in implementation of the policy, and giving favour to the south group. He demanded kickbacks in exchange for favours… this is corroborated by statements,” Additional Solicitor-General SV Raju, argued for the Enforcement Directorate, “He is involved in use of proceeds of crime.”
The ED claimed ₹ 45 crore of the kickbacks were used to fund the AAP’s Goa and Punjab elections in 2022. The vote share of 6.8 per cent in the former confirmed AAP as a national party, and its victory over the Congress in the latter allowed it to establish a first state government outside of Delhi.
“We have examined the money trail. The money in Goa came through four routes. These allegations are also corroborated by one of AAP’s candidates… this person was paid in cash…” The probe agency concluded its argument by calling Mr Kejriwal “the brain behind the party” and held the Chief Minister responsible for all affairs of the AAP. Mr Raju also criticised the Chief Minister for having skipped nine summons of the ED; “… he willfully disobeyed summons…” he said.
On the role of Mr Nair, the Additional Solicitor General said, “He was staying in a house given to Kailash Gahlot (Delhi’s Transport Minister) and acted as the middleman between south group and AAP.”
The ED said Arvind Kejriwal “took advantage” of being the chief minister of Delhi to facilitate money laundering by the AAP which was a “major beneficiary” of the proceeds of crimes generated in the alleged liquor scam case. “Arvind Kejriwal, chief minister of NCT of Delhi is the kingpin and key conspirator of the Delhi Excise scam in collusion with ministers of Delhi government, AAP leaders and other persons,” the federal agency informed a special PMLA court while seeking his custody.
The 55-year-old former IRS officer and activist was arrested by the ED on Thursday under the anti-money laundering law from his official residence in the Civil Lines area of Delhi. Prashant Bhushan claimed that there was “no documentary evidence” with the ED against the chief minister.
“It’s astounding that the ED has arrested a chief minister just before the elections after the Model Code of Conduct has come into place, and in a case, where they don’t have any documentary evidence to show that he was involved in corruption, where they are relying on a statement of some approver who was the officer of a company. The company that had given electoral bonds to the BJP party which controls the ED,” Bhushan said, without taking names.
Mr AM Singhvi, appearing for Mr Kejriwal, told the court the ED was not needed to arrest Mr Kejriwal. “The first thing is necessity for arrest… power to arrest is not equal to need. Just because you have the power to arrest someone does not mean you should…” he argued, adding the central agency’s claim about tracing the money trail further “can’t be a ground for arrest… it can be grounds for questioning.”
“There is a new pattern… you have a witness who does not name Kejriwal in first or second statement. You arrest him, oppose bail vehemently… then he turns approver and, one fine day, he gives a brilliant statement…” Mr Singhvi said. “You have to show how I am involved. You can’t arrest without a ‘reason to believe,” he said, asking serious questions of the ED’s argument to seek custody of Mr Kejriwal.
Mr Singhvi also pointed out “there is no direct evidence, except these statements (those by accused-turned-approvers) saying ‘I met Kejriwal, etc…’ If people are arrested and then pardoned, they will definitely name anyone…” “Please do not look at this remand demand as routine… it requires application of significant judicial mind. There are larger issues of democracy involved. Please keep that in mind…” he concluded.
Mr Raju responded to these arguments by pointing to the “history of destruction of electronic evidence” in this case, suggesting the release of Mr Kejriwal could lead to more of the same. “There is concrete evidence to show there is a scam and fraud. The excise policy was changed to fund elections,” he said.
Hours earlier, Mr Kejriwal’s legal team withdrew a Supreme Court plea challenging his arrest; this was shortly after the top court rejected an identical plea by Ms K Kavitha. In fact, the same bench that told Ms Kavitha to go to a lower court was scheduled to hear Mr Kejriwal’s plea.
Given the court’s reaction to Ms Kavitha’s petition, Mr Kejriwal’s legal team said it had withdrawn its plea as it did not expect a positive response. Sources said the team believed the plea would be pointless since Mr Kejriwal has already been arrested, and the court, in the BRS leader’s case, had remarked “… just because you have the means (power and/or money) we can’t entertain you.”
“We are withdrawing petition here (from the Supreme Court) as it is clashing with remand. We will argue remand and come back here…” Mr Singhvi had told the top court.
Meanwhile, sources within Mr Kejriwal’s legal team have said there was no reason why the AAP boss – whose arrest weeks before a general election has sparked furious nationwide protests – cannot continue as Delhi Chief Minister. Sources said Mr Kejriwal had not been convicted, only accused.
The AAP had insisted that come what may Mr Kejriwal would function as the head of government, even if it meant doing so from inside the city’s Tihar Jail. Under the current guidelines, this might be difficult, since Mr Kejriwal will be limited to two meetings per week. There is, however, an option, a former jail officer said. This would involve house arrest – i.e., confinement to his residence after the Lieutenant Governor, VK Saxena, permits the recognition of that building as a jail.
Political activist and founder of Swaraj India Yogendra Yadav, who was removed from the AAP in 2015 by its disciplinary committee, termed Mr Kejriwal’s arrest as “unjust.” “I am astonished. What is going on in this country in the name of democracy? You change the referee before the match by appointing new ECs (election commissioners). You are freezing the bank accounts of opponent. Notices have been given in 30-year-old cases. Do proper investigation. If court convicts, then be it PM (prime minister) or anybody else, they should be punished,” he said,
Mr Yadav said “making arrests before an election by hook or by crook is like murder of democracy.” ”Unjust (what) has been done to Arvind Kejriwal. I’m sure people will teach them a lesson,” he said. Opposition parties, including the Congress, the RJD and the TMC, have been attacking the BJP-led central government over the AAP leader’s arrest.
Congress leader Mani Shankar Aiyar said the arrest of a sitting chief minister, that too on the very eve of a general election, constitutes an immediate and long-term “threat to democracy and presages the end of constitutional democracy in India.” “It is the most dangerous move which taken in conjunction with other democracy damaging moves threaten the future of people’s rule in our dearly beloved country. It is an insult to the memory of Gandhiji and Baba Saheb Ambedkar,” the former Union minister said.
