New Delhi: The Rouse Avenue Court on Friday sent Delhi Chief Minister Arvind Kejriwal to ED custody till March 28. The agency had sought 10 days of remand.
The Directorate of Enforcement (ED) arrested Kejriwal on Thursday in connection with the alleged Delhi Liquor scam case. The AAP Chief was produced before the court of Special Judge Kaveri Baweja.
Senior Advocates Abhishek Manu Singhvi, Vikram Chaudhari, and Ramesh Gupta along with Advocates Rajat Bharadwaj, Mudit Jain and Mohd Irshad appeared for the Delhi CM Kejriwal.
ASG SV Raju and Special Counsel Zoheb Hossain appeared for the probe agency.
In its arguments before the Court, ED alleged that the CM of Delhi is the key conspirator and kingpin in demanding kickbacks from businessmen. The agency further claimed that Kejriwal was directly involved in the formation of the Excise policy.
The ED counsel claimed that Vijay Nair, who was the media in charge of AAP, was working for Delhi CM Kejriwal. Nair, who the agency said lives adjacent to the residence of Kejriwal, acted as a middleman between the AAP and the South group.
The ED counsel further claimed that the proceeds of crime are not only Rs100 crore but profits made by bribe givers were also proceeds of crime. The counsel said that the agency had traced Hawala trails of Rs45 crore that were used in the Goa Election.
ASG SV Raju said that AAP is a beneficiary that exists as a company. Every person responsible for the conduct of the company is responsible. Apart from being liable as an individual, the CM is also vicariously liable.
The ASG said that Kejriwal's role via the AAP is important in addition to his role in the alleged scam. The counsel further said that Kejriwal was not cooperative during the search.
ED further alleged that Kejriwal is responsible for all AAP affairs. He is the national convenor of the party. The kickbacks came in cash and were used in Goa assembly elections. The excise policy is a scam, it was only made to fund the Goa elections the counsel said.
'It's like having the result before the first vote is cast'
Senior Advocate Abhishek Manu Singhvi appearing for Kejriwal opposed the remand plea and submitted that the agency needs to show the necessity to arrest. Singhvi argued that the power of arrest and the necessity of arrest are two different things.
Singhvi said that in the history of 75 years of independence, this is the first time a sitting CM is arrested, the first time four leaders of his party are arrested. Singhvi further said it's like having the result before the first vote is cast.
Singhvi said that 80 per cent of the people have not mentioned Kejriwal or any dealings with him. Any remanding court is not an automatic rubber stamp, Singhvi argued.
Singhvi contended that according to ED Kejriwal had been arrested for non-cooperation, but all necessary documents were already in possession of the agency and summoning him 'in person' was a ploy to illegally arrest him and the present matter is a clear case of malice.
Kejriwal's counsel further said that without dealing with various discrepancies and legal lacunae pointed by him, ED issued back-to-back cyclostyled summons under Section 50 PMLA directing him to appear.
Singhvi further stated that there is no direct evidence. Without there being any material in possession of the Enforcement Directorate based on which Kejriwal can be believed to be guilty of an offence, he is being illegally and arbitrarily arrested by the ED.
Singhvi while concluding his arguments, requested the Special Judge to please do not look at the remand as a routine, it requires the application of significant judicial mind as there are larger issues of democracy involved.
Senior Advocate Vikram Chaudhari appearing for Kejriwal submitted that the administration of the criminal justice system was at stake and that on Thursday the matter was before the High Court, which said no interim orders were called for at this stage but within hours the Delhi Chief Minister was arrested.
'My life is dedicated to the country'
Earlier, the Enforcement Directorate (ED) had produced Kejriwal before the Rouse Avenue Court under tight security.
While entering the court complex Kejriwal told reporters "My life is dedicated to the country whether I am inside or outside the prison."
Kejriwal was arrested by the Enforcement Directorate (ED) in the excise policy case on Thursday after the Delhi High Court refused interim protection to him from coercive action in connection with the excise policy case.
The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi excise policy case 2022, which was later scrapped.
