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New Delhi: On Tuesday, The High Court of Delhi dismissed Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate (ED) in a money laundering case connected with the alleged excise scam, saying the Enforcement Directorate’s (ED) remand after arrest cannot be held to be illegal. The arrest of the Delhi Chief Minister by ED is not in contravention of legal provisions, the court added.
Meanwhile, AAP said that it will move the Supreme Court tomorrow challenging the high court verdict. During the hearing, the court said that it’s concerned with constitutional morality, not political morality adding statements of approvers will be judged during the trial and Arvind Kejriwal is free to cross-examine then
According to a previous order of the Delhi Rouse Avenue court, after the high court’s order, the AAP chief – who has been termed by the Enforcement Directorate as the ‘kingpin’ of the liquor policy case – will remain in Tihar jail till April 15. The non-joining of the investigation by Mr Kejriwal and, delay caused by him were also impacting those in judicial custody.
Delivering its verdict today, the high court found that as per the material shared by the Enforcement Directorate, Arvind Kejriwal had “conspired with others” and was “actively involved in using the proceeds of crime”. The ED case also reveals that he was involved in his personal capacity as well as the convenor of the Aam Aadmi Party.
While delivering the verdict, Justice Swarana Kanta Sharma said, “ED was able to place enough material in the shape of ‘Hawala’ material, and statements of approvers that he was given money in cash for Goa elections. Money was sent in cash for the Goa elections. The arrest is not in contravention of law, remand cannot be termed illegal.”
The court also ruled that Kejriwal’s challenge to the timing of the arrest before the Lok Sabha elections in the absence of any mala fide on the part of the federal probe agency is “not sustainable”. It also pointed out that the Delhi Chief Minister has been arrested in a money laundering case and the court has to examine his arrest and remand as per the law, irrespective of the timing of the elections.
The high court further said, “The contention that Kejriwal could have been questioned through VC is to be rejected. It is not for the accused to decide how the investigation is to be done. It cannot be as per the convenience of the Accused. This court won’t set two sets of laws- One for the commons and the other for the public servants. There cannot be any specific privilege for any one including the Chief Minister.”
Meanwhile, on Wednesday, the order on another plea filed by Arvind Kejriwal seeking more time to meet with his lawyers will be announced by Delhi’s Rouse Avenue Court . Mr Kejriwal was arrested on March 21 by the Enforcement Directorate in relation to the excise policy case.
