Delhi Chief Minister Arvind Kejriwal
Credit: PTI File Photo
New Delhi: Enforcement Directorate on Monday told a court here that Delhi Chief Minister Arvind Kejriwal gave evasive replies and concealed information during his custodial interrogation after his arrest on March 21 in liquor policy scam case and even named Aatishi Marlena and Saurav Bharadwaj as the persons to whom co accused Vijay Nair used to report.
The agency claimed the statements of Nair revealed that he stayed in a Cabinet Minister's bungalow and worked from the camp office of the CM. Kejriwal claimed his interaction with Nair was limited as "Nair didn't report to him, but to Aatishi and Bharadwaj."
Nair was the first person who was arrested in the case. "It was also put to the arrestee to explain that why would someone, who reported to other leaders of AAP, work from his camp office which anyways is meant for the work of the CM of Delhi and not for the party. Kejriwal evaded replying to this by claiming unawareness to the persons who work at the CM Camp office," it said.
The ED also claimed Kejriwal showed unawareness, though shown evidence of 10 meetings of Nair with co-accused and persons involved in liquor buisness.
"It is clear that a senior functionary like Nair who closely worked with the arrestee wouldn't be able to assert himself without the sanction and approval of the head of the party. This is also because the ultimate benefit of these conspiracies/meetings was reaped by the AAP in Goa election campaign," it claimed.
The ED also contended that Kejriwal was shown the evidence of Hawala transfers to the tune of Rs 45 Cr approx which is corroborated with CDR locations, call records, IT seized data of Hawala firm in Goa, proof of payments being done in part cash and part bill and WhatsApp showing this arrangement.
"He was also shown multiple statements of witnesses who worked on the AAP campaign in Goa who received cash from one Chanpreet Singh who was working for the AAP campaign in Goa. This person who collected and facilitated collection of Rs 45 Cr cash through Hawala also received Rs 2,20,340 directly in his bank account from the AAP. Even after showing all the above evidence, the arrestee claimed unawareness even though the beneficiary of these funds is the AAP which is headed by the arrestee," it said.
It also alleged Kejriwal called party treasurer N D Gupta as "confused" for having made a statement it was Kejriwal who took decision on appointment of election in-charge.
The ED claimed Kejriwal is highly influential person who may influence witnesses and tamper with the evidence which may hamper the investigation.
The special Prevention of Money Laundering Act (PMLA) court of Judge Kaveri Baweja sent the 55-year-old Kejriwal, also the national convener of the AAP, to judicial custody till April 15 in connection with the money laundering probe linked to alleged irregularities in the Delhi excise policy for 2021-22, which was later scrapped. Nair was arrested in this case by the ED.
The agency had sought 15 additional days of judicial custody, submitting in their plea before Special Judge Kaveri Baweja that it was still investigating the role of Kejriwal in the scam and unearthing the proceeds of crime and other persons involved in the offence.
Senior advocate Ramesh Gupta, appearing for Kejriwal did not oppose the application for judicial custody remand of the accused.
The court sent Kejriwal to judicial custody till April 15, as investigation was still pending with regard to his role and unearthing of the proceeds of crime.
During the hearing, Additional Solicitor General S V Raju submitted the accused had remained evasive during the custodial interrogation, and did not share his phone password.
While being taken outside the courtroom, Kejriwal said, "Whatever Prime Minister is doing is not good for the country."
Kejriwal was arrested on March 21, 2024 by the Enforcement Directorate.
He has, since then, remained in custody of the Enforcement Directorate for the purpose of interrogation.
The ED had earlier claimed Kejriwal was the kingpin and key conspirator of the Delhi excise scam as he was involved in formulating the policy in 2021-22 to favour certain persons and in exchange of bribe over Rs 100 cr.
It claimed Rs 45 cr, the part of money received through Hawala routes, were used in Goa Assembly elections.
The ED registered the money laundering case on August 22, 2022 in relation of scheduled offences of the CBI which lodged its case on August 17, 2022 in connection with irregularities committed in framing and implementation of excise policy for the year 2021-22 and payment of bribe.
Kejriwal filed a writ petition before the Delhi High Court seeking declaration that his arrest on March 21, 2024 was illegal, arbitrary, and unconstitutional. He also prayed for setting aside the order of remand passed on March 22, 2024.
Declining any interim relief on March 27, 2024, the HC asked the ED to file a reply on April 2, 2024 and fixed the matter for final disposal on April 3, 2024.
The AAP and its leaders have repeatedly denied the charges of wrongdoing, with Kejriwal alleging that the case was built by the BJP-led Centre to create a 'smokescreen' that the AAP is a corrupt party.
Delhi Lieutenant Governor V K Saxena had been the one to recommend a CBI probe into the alleged irregularities in the formulation and implementation of the liquor policy. Subsequently, the ED registered a case under the PMLA.
(With PTI inputs)