In setback for Kejriwal, HC dismisses bail plea
NEW DELHI: The Delhi high court on Tuesday dismissed chief minister Arvind Kejriwal’s petition challenging his arrest on March 21 in connection with Enforcement Directorate (ED)’s money laundering probe into alleged irregularities in the nowscrapped Delhi excise policy 2021-22 and the subsequent remand order of March 22.
“ED was able to trace enough material in the form of the statement of approver, Hawala dealer, AAP [Aam Aadmi Party] candidate in the Goa election...arrest of Kejriwal and his remand cannot be termed as illegal,” said the court
In his plea, Kejriwal argued his arrest was a calculated move aimed at humiliating him and sabotaging the AAP prospects “even before the first vote is cast” in the Lok Sabha elections.
ED contended that “the Aam Aadmi” cannot evade incarceration despite his involvement in money laundering simply because of his position as the chief minister. The agency denied any connection between the arrest and the elections, saying its probe into the case was going on for months.
A single bench of Justice Swarana Kant Sharma last week reserved its judgment on Kejriwhich wal’s petition on the day AAP leader Sanjay Singh was released on bail in the excise policy case after six months on the Supreme Court’s orders.
Senior counsel Abhishek Manu Singhvi, who appeared for Kejriwal, called Kejriwal’s arrest a brazen attempt to silence dissent using ED’s whimsical powers under the Prevention of Money Laundering Act (PMLA) and derail the AAP’s electoral prospects. He said that the agency did not have sufficient material to apprehend Kejriwal and that the chief minister was arrested without any inquiry, statement, or material.
Singhvi responded to ED claims that Kejriwal was vicariously liable for the AAP’s offences committed, arguing that Section 70 of PMLA was sought to be used “falsely, inaccurately and wrongly”.
“Section 70 cannot arise at all. It is a specific provision to impute vicarious liability on ‘companies’. When AAP is registered under the Representation of People Act, a different statute differently recognised the party cannot be subsumed in PMLA,” he said.
Singhvi called ED’s contention that the chief minister waived his right to oppose his arrest after giving a statement before the trial court that he had no objection to the custody “extraordinary”. He added the plea challenging his arrest was filed prior to his statements on March 28 and April 1 before the trial court.
Singhvi contended that ED has turned PMLA on its head. “There is no evidence against him [Kejriwal] that he is involved in the offence of money laundering. It is preposterous to say that the chief minister of Delhi will be handling hawala transactions. I want to ask how awareness of conspiracy becomes a valid ground for offence of Section 3 under PMLA. Just because you are aware of the conspiracy you are an accused of PMLA?”
ED maintained Kejriwal’s position did not grant him immunity from legal proceedings and the investigation. It argued his attitude was that he was a “saint”, but he carried out the entire scam “very tactfully” and was not only individually but also vicariously liable. It insisted finding proceeds of crime was irrelevant if the
that of a prime minister. When we respond, please don’t take it as an insult of the prime minister. Our criticism will be about a leader of a corrupt party,” Thackeray said to a query on Modi referring to his party as “fake Shiv Sena”.
“It is not right for a leader of the party of extortionists to call us fake,” he said. The BJP is a “party of extortionists” and this was seen after the electoral bonds “scam” was exposed, Thackeray claimed.
Maharashtra Congress president Patole said his party has decided to be “large-hearted” to achieve the final goal of defeating PM Modi and the BJP. The Congress workers will fight the BJP and ensure victory of the MVA candidates in Sangli and Bhiwandi, he said.
“Our workers will never forget how the BJP ill-treated our leaders Sonia Gandhi and Rahul Gandhi,” he said.
Patole said the parties of Thackeray and Sharad Pawar were “hijacked” by rebels. “Leaders of both the original parties are with us and Modi calls the Uddhav Thackeray-led party as fake Shiv Sena,” he said.
Sharad Pawar said there are no differences among the allies over any seat. “On behalf of the three parties, the seat-sharing deal has been finalised unanimously,” he said.
As part of the deal, the Shiv Sena (UBT) has got Jalgaon, Parbhani, Nashik, Palghar, Kalyan, Thane, Raigad, Maval, Osmanabad, Ratnagiri-Sindhudurg, Buldhana, Hathkanangkale, Aurangabad, Shirdi, Sangli, Hingoli, Yavatmal-Washim, Mumbai South, Mumbai South Central, Mumbai North West and Mumbai North East seats.
The Congress has got Nandurbar, Dhule, Akola, Amravati, Nagpur, Bhandara-Gondia, Gadchiroli-Chimur, Chandrapur, Nanded, Jalna, Mumbai North Central, Mumbai North, Pune, Latur, Solapur, Kolhapur and Ramtek seats.
The NCP(SP) will contest Baramati, Shirur, Satara, Bhiwandi, Dindori, Madha, Raver, Wardhan, Ahmednagar South and Beed seats. The Lok Sabha polls will be held in the state in five phases from April 19 to May 20.