Excise policy case: Arvind Kejriwal to remain in jail as Delhi High Court dismisses his plea against arrest by ED

Tribune News Service

Satya Prakash

New Delhi, April 9

Spelling further trouble for beleaguered Delhi Chief Minister Arvind Kejriwal, the Delhi High Court on Tuesday dismissed his petition challenging his arrest by the Enforcement Directorate in a money-laundering case linked to Delhi excise policy scam, saying there was no violation of law or the Supreme Court’s verdicts.

Justice Swarana Kanta Sharma held that Kejriwal’s arrest by the ED and his subsequent remand in Enforcement Directorate’s custody and later in judicial custody can’t be held to be illegal as the probe agency was in possession of “enough material” that led to his arrest, and the trial court remanded him in the custody of the agency by a well-reasoned order.

“Material collected by the ED reveals that Kejriwal conspired and was involved in formulation of the excise policy and used the proceeds of the crime. He is also allegedly involved in his personal capacity in formulation of the policy and demanding kickbacks in the capacity of national convenor of AAP,’ Justice Sharma said, dismissing Kejriwal’s petition.

It said there was evidence to show that the proceeds of crime were used for political campaigning in the 2022 Goa legislative assembly elections.

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. On April 1, a Delhi Special Court sent Kejriwal to 14-day judicial custody till April 15 on the expiry of his ED custody.

The ED alleged that Kejriwal was the kingpin and the key conspirator of the excise scam and there were reasons to believe on the basis of material in its possession that the AAP leader was guilty of the offence of money laundering.

Rejecting his allegation of political vendetta on the eve of Lok Sabha elections, Justice Sharma said “Courts are concerned with constitutional morality and not political morality.” The court had to apply the law as it existed, she added.

"This Court is of the opinion that the accused has been arrested and his arrest and remand has to be examined as per law and not as per timing of elections… Political considerations cannot be brought before the court as they are not relevant...The Court must remain vigilant that it is not influenced by any extraneous factors,” the HC said.

It said Kejriwal’s challenge against his arrest was not sustainable in the absence of any mala fide on part of ED.

“In the case at hand, it is important to clarify that the matter before this court is not a conflict between the central government and petitioner Kejriwal. Instead, it is a case between Kejriwal and the Directorate of Enforcement,” it said.

The HC also dismissed Kejriwal’s argument that the ED could have visited his residence to record his statement, the Bench said the investigation can’t be conducted at the convenience of the accused. It said there can’t be two categories of laws – one for the common citizens and the other for a chief minister or any person in power.

At the very outset Justice Sharma -- who had reserved her verdict on Kejriwal’s petition on April 3 after hearing arguments from senior counsel AM Singhvi for the Delhi CM and Additional Solicitor General SV Raju for the ED – clarified that Kejriwal’s petition was not for bail and that it was challenging his arrest by the ED.

The court also relied on the statements of witnesses and approvers to uphold his arrest and the remand to be “legal”.

Justice Sharma took exception to Kejriwal’s submissions that cast doubt on approvers’ statements, saying the statements were recorded by courts as per laws that have existed much before the parties and even the judge in the cases were born and have been upheld by the top court. "To cast doubt on the manner of recording statement of approver would amount to casting aspersions on the Court and judge,” the HC said.

Rejected Kejriwal’s allegation that two of the approvers against him were linked to the BJP, Justice Sharma said, "In this court's opinion, who gives tickets to contesting elections to whom or who purchases electoral bonds for what purpose is not the concern of this court as this court is required to apply the law and the evidence before it as it is and in the context in which it has been placed on record.”

Singhvi had questioned the timing and necessity of the Delhi Chief Minister’s arrest, saying it went against the basic structure of the Constitution, which included free and fair elections that required a level playing field for all political parties during the democratic exercise.

However, the ASG had contested Singhvi’s submissions, contending that the offence of money laundering was prima facie made out and that the investigation against Kejriwal was at a nascent stage.

Denying allegations of bias levelled against the probe agency, Raju had asserted that the case was based on evidence and that "criminals are supposed to be arrested and put in jail".

"Aam aadmi (common man) has to go behind bars if he has committed a crime but because you are a Chief Minister you can't be arrested? You will loot the country but no one can touch you because elections are coming…" the ASG wondered.

The case related to alleged corruption and money laundering in formulating and executing the Delhi Government's excise policy 2021-22 that was scrapped after allegations of scam.

On March 27, the high court had refused to grant interim relief to Kejriwal, saying the matter raised important issues that cannot be "summarily" decided without hearing from the probe agency.

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