New Delhi: A Delhi court on Wednesday extended the judicial custody of Chief Minister Arvind Kejriwal till July 3 in a money laundering case related to the alleged excise scam.
Special judge Justice Bindu extended Kejriwal's custody after he was produced in the court through video conferencing on the expiry of the judicial custody granted earlier.
During the hearing, the lawyer appearing for Kejriwal opposed the ED's plea seeking extension of his custody, saying there was no ground to justify extending his custody.
The judge also heard arguments on the bail plea filed by Kejriwal in the case.
The judge will resume hearing arguments on the application on Thursday.During the debate, Kejriwal's lawyer told the court that the entire case against the CM hinges on statements.
“Those statements are from people who have pleaded guilty. He is not a saint here. These are people who are not only tainted but it appears that some were arrested and given bail and promised amnesty. Approver. And there is also another section which has not been arrested,” the lawyer said.
He said that if the quality was a mere statement, it was circumstantial evidence.
“The circumstances have to be so intrinsically linked to lead to guilt.These statements of tainted persons discredit the prosecution case. There is no evidence that Rs 100 crore came from South Group. These are all statements. There is no evidence,” the lawyer said.
He further said that there were several contradictory statements of the co-accused persons.
“I would not be surprised if another statement is recorded to fill the gap. This is the process they follow.The tests are always endless. They trap anyone whenever they want. This is the biggest instrument of oppression,” he said.
The lawyer also said that the Supreme Court had granted interim bail after being satisfied that there was no possibility that Kejriwal would evade justice or influence the investigation or witnesses.
He further said that the CM has no criminal history.
The ED opposed the application, claiming that "the requirement is not that you do not have antecedents".“...I am holding a constitutional post, it is not relevant to grant bail under PMLA. This may be an additional factor in denying bail but the only factor that is relevant is whether he is guilty,” said the central agency's lawyer.
Rejecting Kejriwal's contention that the evidence was "only statements of the approvers", the ED said it is difficult to obtain evidence the approvers are made of.
“The law recognizes this. The law says that inducement can be given. You can't say inducement was given...that's what the law says.,
ED further said that it is CBI's case that Kejriwal demanded bribe and he demanded bribe of Rs 100 crore.
Kejriwal asked for funds for Aam Aadmi Party. He demanded bribe from South Group. You cannot say that he is not guilty of the crime. If you commit any crime, every person in charge of the party will be held guilty.”
It was also said that AAP was not made an accused during the time of Manish Sisodia.
“Now AAP has been made an accused.Kejriwal is responsible for this conduct.
It said the fact that a money laundering offense has been committed is beyond doubt as the court has taken cognizance and has not been challenged.
“Co-accused Vijay Nair was the media coordinator of AAP. He was coordinating. He had to hold meetings with wholesalers and those interested in liquor policy. We have evidence that he was very close to Kejriwal.'Demand is established.
The investigating agency said, "The money has gone to Goa. It has gone to hawala dealers. We have recorded statements. Major part of the amount was paid in cash, this has also been established. The entire case has been established.""
Special judge Justice Bindu extended Kejriwal's custody after he was produced in the court through video conferencing on the expiry of the judicial custody granted earlier.
During the hearing, the lawyer appearing for Kejriwal opposed the ED's plea seeking extension of his custody, saying there was no ground to justify extending his custody.
The judge also heard arguments on the bail plea filed by Kejriwal in the case.
The judge will resume hearing arguments on the application on Thursday.During the debate, Kejriwal's lawyer told the court that the entire case against the CM hinges on statements.
“Those statements are from people who have pleaded guilty. He is not a saint here. These are people who are not only tainted but it appears that some were arrested and given bail and promised amnesty. Approver. And there is also another section which has not been arrested,” the lawyer said.
He said that if the quality was a mere statement, it was circumstantial evidence.
“The circumstances have to be so intrinsically linked to lead to guilt.These statements of tainted persons discredit the prosecution case. There is no evidence that Rs 100 crore came from South Group. These are all statements. There is no evidence,” the lawyer said.
He further said that there were several contradictory statements of the co-accused persons.
“I would not be surprised if another statement is recorded to fill the gap. This is the process they follow.The tests are always endless. They trap anyone whenever they want. This is the biggest instrument of oppression,” he said.
The lawyer also said that the Supreme Court had granted interim bail after being satisfied that there was no possibility that Kejriwal would evade justice or influence the investigation or witnesses.
He further said that the CM has no criminal history.
The ED opposed the application, claiming that "the requirement is not that you do not have antecedents".“...I am holding a constitutional post, it is not relevant to grant bail under PMLA. This may be an additional factor in denying bail but the only factor that is relevant is whether he is guilty,” said the central agency's lawyer.
Rejecting Kejriwal's contention that the evidence was "only statements of the approvers", the ED said it is difficult to obtain evidence the approvers are made of.
“The law recognizes this. The law says that inducement can be given. You can't say inducement was given...that's what the law says.,
ED further said that it is CBI's case that Kejriwal demanded bribe and he demanded bribe of Rs 100 crore.
Kejriwal asked for funds for Aam Aadmi Party. He demanded bribe from South Group. You cannot say that he is not guilty of the crime. If you commit any crime, every person in charge of the party will be held guilty.”
It was also said that AAP was not made an accused during the time of Manish Sisodia.
“Now AAP has been made an accused.Kejriwal is responsible for this conduct.
It said the fact that a money laundering offense has been committed is beyond doubt as the court has taken cognizance and has not been challenged.
“Co-accused Vijay Nair was the media coordinator of AAP. He was coordinating. He had to hold meetings with wholesalers and those interested in liquor policy. We have evidence that he was very close to Kejriwal.'Demand is established.
The investigating agency said, "The money has gone to Goa. It has gone to hawala dealers. We have recorded statements. Major part of the amount was paid in cash, this has also been established. The entire case has been established.""
