Excise policy case: Supreme Court to hear on Monday Delhi CM Arvind Kejriwal’s petition challenging his arrest by ED

Kejriwal’s petition is listed before a Bench led by Justice Sanjiv Khanna which had issued notice to ED on his petition on April 15

Delhi Chief Minister Arvind Kejriwal in ED custody. PTI file

Tribune News Service

Satya Prakash

New Delhi, April 28

As Delhi Chief Minister Arvind Kejriwal continues to be in jail for more than a month, the Supreme Court will on Monday hear his petition challenging the Delhi High Court’s verdict upholding his arrest by the Enforcement Directorate in a money laundering case linked to the Delhi excise policy scam.

Kejriwal’s petition is listed before a Bench led by Justice Sanjiv Khanna which had issued notice to the ED on his petition on April 15.

On Saturday, Kejriwal had told the Supreme Court that his arrest by the ED in the case was a classic case of a ruling party misusing probe agencies to crush its biggest political opponent—AAP and its leaders. The ED was acting in the most highhanded manner in a gross affront to the due process of law, he alleged.

“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 had said in an affidavit filed in the top court

“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.

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.

The probe agency alleged that the AAP was the “major beneficiary” of the proceeds of crime generated in the Delhi excise policy scam and the party committed the offence of money laundering through its national convenor Kejriwal.

However, Kejriwal 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.

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.

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