‘Classic case of ruling party misusing ED to crush biggest political opponent’, Arvind Kejriwal tells Supreme Court

In an affidavit filed in the top court ahead of Monday hearing, the Delhi CM says the timeline establishes the fact that he has been arrested intentionally with mala fide intent without any necessity to arrest

Delhi Chief Minister Arvind Kejriwal in ED custody. PTI file

Tribune News Service

Satya Prakash

New Delhi, April 27

Delhi Chief Minister Arvind Kejriwal on Saturday told the Supreme Court that his arrest by the Enforcement Directorate in a money laundering case linked to the excise scam was a classic case of a ruling party misusing probe agencies to crush its biggest political opponent -- AAP and its leaders.

“The present case is a classic case of how the ruling party led the central government has misused the central agency - Enforcement Directorate and its wide powers under the PMLA to crush its biggest political opponent -Aam Aadmi Party and its leaders,” Kejriwal said in an affidavit filed in the top court.

Filed as a rejoinder to the ED’s reply to his petition challenging the Delhi High court’s April 9 verdict upholding his arrest, Kejriwal’s affidavit is expected to take up on Monday by a Bench led by Justice Sanjiv Khanna along with his main petition on which the top court had issued notice to the ED on April 15.

“The mode, manner and timing of the arrest of the petitioner just before the Lok Sabha elections when the schedule of the Lok Sabha elections had been announced and the Model Code of Conduct had come into play, speaks volumes about the arbitrariness of the ED. This timeline establishes the fact that the Petitioner has been arrested intentionally with a mala fide intent without any necessity to arrest,” Kejriwal submitted.

“During an election cycle when political activity is at its highest, the Petitioner's illegal arrest has caused grave prejudice to the petitioner's political party, and will provide the ruling party at the Centre an unjust upper hand in the on-going elections. A level playing field- which is a prerequisite for 'free and fair elections'- has clearly been compromised with the illegal arrest of the Petitioner,” he submitted.

He said the ED has acted in the most highhanded manner in a gross affront to the due process of law.

The ED had arrested Kejriwal on March 21 after the Delhi High Court refused to grant him protection from coercive action by the probe agency in the money laundering case.

The Delhi High Court had on April 9 dismissed Kejriwal’s petition challenging his arrest by the ED, saying there was no violation of law as there was “enough material” which justified his arrest.

As Kejriwal continued to be in Tihar Jail, the BJP has been demanding his resignation, saying Delhi Government can’t be run from jail. However, the Delhi High Court has refused to entertain PILs seeking his resignation, maintaining that it’s for the Lt Governor of Delhi to take a call on the issue.

Describing Kejriwal as “the kingpin and key conspirator of the Delhi excise scam”, the ED has told the top court that his conduct in avoiding interrogation despite nine summonses led the investigating officer “to form the satisfaction” that he’s guilty of money laundering.

Accusing the AAP of being the “major beneficiary” of the proceeds of crime generated in the Delhi excise policy scam, the ED alleged the party committed the offence of money laundering through its national convener Kejriwal.

However, the Delhi Chief Minister countered the ED’s allegations, saying, “There is no specific role or act under Section 3 PMLA is established to even hold the Petitioner liable vicariously.”

He also denied the ED’s allegation that Rs 45 crore was transferred by South group as an advance kickback which was utilized by AAP in Goa elections.

“Not a single rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration,” the Delhi CM said.

Contending that the entire basis of his arrest rested upon certain statements which were in the nature of self-incriminating confessions by alleged accomplices who have been given immunity by way of pardon, Kejriwal wondered if such statements could qualify as materials to reach the conclusion of guilt as envisaged under Section 19 of the PMLA to justify the arrest of a sitting Chief Minister of Delhi or a National Convenor of a National Political Party in the midst of General Election.

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