New Delhi: The Supreme Court will on Monday hear Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest in a money laundering case related to the alleged excise duty policy scam.
A bench of Justices Sanjeev Khanna and Dipankar Dutta can hear this case.
Kejriwal had earlier told the top court that his "illegal arrest" in the case was an unprecedented attack on the principles of democracy based on "free and fair elections" and "federalism".
In response to the counter affidavit filed by the Enforcement Directorate (ED) on his plea challenging his arrest in the case, Kejriwal said the manner, manner and timing of his arrest were decided just before the Lok Sabha elections, when the Model Code of Conduct came into force. It was done. , speaks volumes about the “arbitrariness” of th agency.Kejriwal claimed it is a "classical case" of how the Center has misused the E and its sweeping powers under the Prevention of Money Laundering Act to "crush" the Aam Aadmi Party (AAP) and its leaders.
It claimed that the ED illegally 'picked up' a sitting chief minister and the national convenor of one of the national opposition parties, five days after the general elections were announced and the model code of conduct came into force.
He said level playing field, which is a pre-requisite for 'free and fair elections', has been clearly compromised by his illegal arrest.
It said the entire basis of Kejriwal's arrest is based on certain statements which are in the nature of "self-incriminating statements" by alleged associates who have been given immunity through pardon etc.
"Whether such statements can qualify as material to reach a finding of offence, as made under Section 19 PMLA, by the sitting Chief Minister of NCT of Delhi or the National Convenor of a national political party in the midst of general elections in India? Presumed to justify the arrest.",'' it asked.
In response, Kejriwal alleged that the sole objective of the ED was to obtain certain statements against him and as soon as the statements were taken the mission of the investigating agency was completed and thereafter, the co-accused were neither arrested nor prosecuted further. to be done. Statements were taken.
The AAP leader claimed that the ED's malicious intent in conducting the investigation was evident from the deliberate concealment of statements given by co-accused persons, where either no allegations were made or the allegations were categorically denied.
Kejriwal also said that no link has been established by the ED to claim that a sum of Rs 45 crore was transferred as advance bribe by the South Group, which was used by AAP in the Goa elections.
The Chief Minister said that the ED has said in its counter affidavit filed in the apex court that one of the reasons for his arrest was that he did not appear before the Investigating Officer (IO) despite being summoned nine times.In its counter affidavit filed in the top court earlier this week, the ED has claimed that Kejriwal is the "kingpin and main conspirator" of the excise police scam and arrest of a person for a crime on the basis of material "can never be of the concept". cannot be violated." About free and fair elections”.
The ED had arrested Kejriwal on March 21 after the Delhi High Court refused to grant him protection from punitive action by the federal anti-money laundering agency. He is currently lodged in Tihar jail under judicial custody.
On April 15, the apex court issued a notice to the ED and sought its response on Kejriwal's petition.The high court had on April 9 upheld Kejriwal's arrest in the money laundering case, saying there was no illegality in it and that the ED had "little option" after repeatedly issuing summons and refusing to join the investigation. Was left.
The case pertains to alleged corruption and money laundering in the formulation and implementation of the Delhi government's excise policy for 2021-2, which was later cancelled.
A bench of Justices Sanjeev Khanna and Dipankar Dutta can hear this case.
Kejriwal had earlier told the top court that his "illegal arrest" in the case was an unprecedented attack on the principles of democracy based on "free and fair elections" and "federalism".
In response to the counter affidavit filed by the Enforcement Directorate (ED) on his plea challenging his arrest in the case, Kejriwal said the manner, manner and timing of his arrest were decided just before the Lok Sabha elections, when the Model Code of Conduct came into force. It was done. , speaks volumes about the “arbitrariness” of th agency.Kejriwal claimed it is a "classical case" of how the Center has misused the E and its sweeping powers under the Prevention of Money Laundering Act to "crush" the Aam Aadmi Party (AAP) and its leaders.
It claimed that the ED illegally 'picked up' a sitting chief minister and the national convenor of one of the national opposition parties, five days after the general elections were announced and the model code of conduct came into force.
He said level playing field, which is a pre-requisite for 'free and fair elections', has been clearly compromised by his illegal arrest.
It said the entire basis of Kejriwal's arrest is based on certain statements which are in the nature of "self-incriminating statements" by alleged associates who have been given immunity through pardon etc.
"Whether such statements can qualify as material to reach a finding of offence, as made under Section 19 PMLA, by the sitting Chief Minister of NCT of Delhi or the National Convenor of a national political party in the midst of general elections in India? Presumed to justify the arrest.",'' it asked.
In response, Kejriwal alleged that the sole objective of the ED was to obtain certain statements against him and as soon as the statements were taken the mission of the investigating agency was completed and thereafter, the co-accused were neither arrested nor prosecuted further. to be done. Statements were taken.
The AAP leader claimed that the ED's malicious intent in conducting the investigation was evident from the deliberate concealment of statements given by co-accused persons, where either no allegations were made or the allegations were categorically denied.
Kejriwal also said that no link has been established by the ED to claim that a sum of Rs 45 crore was transferred as advance bribe by the South Group, which was used by AAP in the Goa elections.
The Chief Minister said that the ED has said in its counter affidavit filed in the apex court that one of the reasons for his arrest was that he did not appear before the Investigating Officer (IO) despite being summoned nine times.In its counter affidavit filed in the top court earlier this week, the ED has claimed that Kejriwal is the "kingpin and main conspirator" of the excise police scam and arrest of a person for a crime on the basis of material "can never be of the concept". cannot be violated." About free and fair elections”.
The ED had arrested Kejriwal on March 21 after the Delhi High Court refused to grant him protection from punitive action by the federal anti-money laundering agency. He is currently lodged in Tihar jail under judicial custody.
On April 15, the apex court issued a notice to the ED and sought its response on Kejriwal's petition.The high court had on April 9 upheld Kejriwal's arrest in the money laundering case, saying there was no illegality in it and that the ED had "little option" after repeatedly issuing summons and refusing to join the investigation. Was left.
The case pertains to alleged corruption and money laundering in the formulation and implementation of the Delhi government's excise policy for 2021-2, which was later cancelled.
