Leader Online Desk : The Delhi High Court today (April 9) gave its verdict on a petition claiming that the arrest of Chief Minister Arvind Kejriwal in connection with the Delhi liquor policy scam was illegal. Arvind Kejriwal's arrest by 'ED' in this case is valid, the court rejected the petition filed against the arrest action.
A hearing was held in the Delhi High Court on April 3 in this case. Senior advocate Abhishek Manu Singhvi argued on behalf of Kejriwal and Additional Solicitor General SV Raju on behalf of ED. After this, Justice Swarna Kanta Sharma reserved his decision.
Delhi High Court dismisses Chief Minister Arvind Kejriwal's plea challenging ED arrest. #ArvindKejriwal #ED pic.twitter.com/WDlaHPmJor
— Live Law (@LiveLawIndia) April 9, 2024
#BREAKING | Arvind Kejriwal's ED arrest in liquor policy case VALID, says Delhi High Court #ArvindKejriwal #ED #DelhiHighCourt
— Live Law (@LiveLawIndia) April 9, 2024
It is clear from the evidence collected by 'ED' that Kejriwal hatched a conspiracy
The petition is to decide whether the ED's arrest of Kejriwal is illegal or not. The court clarified that the present petition is not for grant of bail. Kejriwal hatched a conspiracy and was involved in framing the excise policy. The court said that it is clear from the evidence collected by the ED that they used the proceeds of this crime.
HC: Material collected by ED reveals that Kejriwal conspired and was involved in formulation of excise policy and used proceeds of crime. He is also allegedly involved in personal capacity in formulation of policy and demanding kickbacks and secondly in the capacity of national…
— Live Law (@LiveLawIndia) April 9, 2024
Kejriwal will have the right to cross-examine the witnesses
It is not a question for the court as to who gives tickets to contest elections or who buys election bonds. Kejriwal will have the right to cross-examine the witnesses. The said person has to answer it at that stage. The Court also clarified that this Court cannot enter into the role of a Court of Session and entertain a small case within the writ jurisdiction.
ED has enough evidence to arrest Kejriwal. That is why they arrested Kejriwal. The bench also observed that Kejriwal's non-participation in the investigation and the delay caused by him also affected those in judicial custody. The files submitted by the ED before the court in this case show that all the laws laid down in the Pankaj Bansal case were followed. Justice Swarna Kanta Sharma also clarified while dismissing the petition that the order of the magistrate court was reasonable.
There is no prerogative for the Chief Minister
Political reasons cannot be brought before the court. The case before this Court is not a conflict between the Central Government and Kejriwal. So is the case between Kejriwal and ED. This court will not make a special privilege for the common citizens and one for the Chief Minister. Judges are bound by law, not politics. Justice Swarna Kanta Sharma also clarified that judgments are written according to legal principles.
The chain of money sent for Goa elections is clear
ED has submitted the evidence of hawala transaction in this case. ED has also given evidence that money was sent in cash for the Goa elections. Therefore, the bench observed that Kejriwal's arrest is not a violation of the law, and the ED's custody cannot be called illegal.
…so you are objecting to the judge
It is clear from the evidence of ED that Arvind Kejriwal had conspired with others. He was also involved in this as our convener. This has also been revealed in the investigation of ED. It is not within the jurisdiction of the ED to grant amnesty to a person who has sanctioned an illegal act. It is a judicial process. If you are objecting to the amnesty process… you are objecting to the judge, the apex court also chided.
The Delhi High Court on Tuesday dismissed the plea moved by Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) in the money laundering case related to the alleged liquor policy scam case.
Read more: https://t.co/GO0mdZFYkF#DelhiHighCourt… pic.twitter.com/NvVfbvYLK1— Live Law (@LiveLawIndia) April 9, 2024
Kejriwal's plea was heavily argued on both sides
Kejriwal's lawyer Singhvi said that the timing of the arrest of Aam Aadmi Party leader Arvind Kejriwal is suspicious. Because Kejriwal has been arrested after the implementation of Model Code of Conduct.” ED has made no attempt to record Kejriwal's statement under Section 50 even at his residence. Singhvi said that every time Kejriwal has given a written reply to the summons issued by the ED. The ED should be repeatedly asked what is the basis of their arrest, what is the need for it. What reasons necessitated the arrest? He also claimed that Kejriwal was arrested only to insult an investigation suspect if you have the power to arrest him.
Kejriwal has given a detailed reply to ED's summons seven to eight times. They have given their answers without asking any questions. Do you think Kejriwal will abscond? You have recorded their statements asking whether they can influence the witnesses after one and a half to two years. There are thousands of pages of documents. There is talk of cooperation in the investigation. On which occasions did Kejriwal not cooperate? He said in his remand application that the ED will further find out what was Kejriwal's role in the whole conspiracy. Singhvi had also said at this time that this cannot be a basis for arrest.
It is true that there was a scam in the Delhi liquor policy case: ED
During the hearing held on April 3, Additional Solicitor General S. V. Raju had said that it has been argued by the petitioner that this is not a petition to quash the arrest but a bail application. The investigation into the matter is at an early stage. The investigation in the case involving Kejriwal is not complete. Many of the accused in this case have been denied bail by the Sessions Court, one of the reasons for the denial of bail being the involvement in money laundering against the accused in this case. It is true that there was a scam in the Delhi liquor policy case. Indo Spirit was granted a wholesale license despite complaints of 'cartelisation'. The complainant was forced to withdraw the complaint. He also claimed that there is no accounting for why the 5 percent profit became 12 percent.
There are many cases where bodies are not found…
If we make a case that you were involved in money laundering, it is irrelevant to find out the actual amount of the crime. You claim that nothing was recovered from the house when the ED raided it; But if you have given it to someone, how will you get that item in the house?, he also claimed to Raju. There are many cases where bodies are not found; But there are also trials and convictions. He also said that this does not mean that there was no murder.
… What basic structure is this? What kind of argument is this?
I am Chief Minister, can't go to jail. So I will plunder the country, make money, take bribes; But don't touch me. why Because the basic structure has been violated even before the election. What basic structure is this? Take the case of a terrorist who is a politician. who blew up an army vehicle; But he says I want to stand for election, you can't touch me. Suppose a politician commits a murder two days before an election. Does that mean he can't be arrested? Does the basic structure come true? Criminals are to be arrested and jailed. In such cases the basic structure is not violated. I kill or rape but I can't get arrested before elections. What a trick this is. This is a bogus argument. Solicitor General S. V. It was done by Raju.
This does not mean that the crime of money laundering has not been committed
The proceeds of this scam were paid in cash to a large number of individuals. This cash is not in the books of accounts. AAP's candidate has also accepted this. I have been given cash. So we have discovered the money trail. The fact that the money is not found does not mean that the crime of money laundering has not been committed. The petitioner has been making false statements in this matter since the beginning. He also said that he is guilty because of that. This petition deserves to be dismissed. There are not many decisions on this matter. That is fairness. They expect us to be fair. He also appealed to me to see his impartiality.
We have presented evidence that money from the Delhi liquor policy scam was used for the election campaign of the Aam Aadmi Party in Goa. The beneficiary was you. He also claimed that 'AAP' has committed the crime.
Kejriwal responsible for his affairs: 'ED'
You may not be a company but if you are an association of persons you will be considered a company. Aam Aadmi Party is an organization of individuals. Aam Aadmi Party is a company under Section 70 of PMLA. A political party is an association of individuals. So we have established that he (Kejriwal) was in charge and responsible for the affairs of 'AAP'. Kejriwal was taking all the final decisions. He is the National Coordinator of the party. So they are responsible for all its affairs. The company has committed a crime, you are responsible for the events. Kejriwal was responsible for his affairs when bribes were taken and money laundering was done. More than one person may be responsible for the affairs of the company. He also clarified that if we have evidence tomorrow, we will accuse others too.
Adv. of 'ED' allegations. Rebuttal by Singhvi
Refuting the allegations made by ED, Kejriwal's lawyer Singhvi said that everything was done for a reason. It is said. Arresting Kejriwal under Article 19 is a challenge. By misclassifying something you are trying to make it ineffective.
Why was Kejriwal arrested in the middle of the election?
There is no evidence of money laundering against Kejriwal. ED's lawyers claim that this scam was exposed long ago; so I am asking myself why Kejriwal was arrested now, in the middle of elections? That makes my point, not ED's. Don't tell everything according to ED instructions. There has to be some balance. A person holding the post of Chief Minister should be arrested during elections. But is this a correct analogy?, he also asked. After the arguments of both the sides, the court had reserved the order of the court in this matter.
What is the new liquor policy in Delhi?
On 22 March 2021, the then Deputy Chief Minister of Delhi Manish Sisodia announced a new liquor policy for Delhi. On 17 November 2021, a new liquor policy i.e. Excise Duty Policy 2021-22 was implemented. Given after this policy. The government's control over the liquor shops was transferred to the private sector. The government predicted that the mafia rule in the liquor business would end and the government's revenue would increase. But this new policy was controversial from the beginning. On 28 July 2022, the government scrapped the new liquor policy and reinstated the old policy after the uproar.
Kejriwal sent to Tihar Jail
Arvind Kejriwal was sent to judicial custody by the Sessions Court on April 1 after the ED ended his custody on March 21. Kejriwal has been sent to Tihar Jail.
