Delhi court sends CM Arvind Kejriwal to ED custody till March 28

The Enforcement Directorate, led by Additional Solicitor General S V Raju, asserted that Kejriwal was the 'kingpin' and 'key conspirator' behind the liquor policy 'scam'.

New Delhi: A Delhi court on Friday remanded Delhi Chief Minister Arvind Kejriwal to the Enforcement Directorate's custody till March 28 to facilitate the central probe agency in interrogating him extensively in the alleged liquor policy 'scam' case.

Special Judge Kaveri Baweja issued the order for custodial interrogation after considering arguments from senior advocates A M Singhvi, Vikram Chaudhari, and Ramesh Gupta, who questioned the grounds of Kejriwal's arrest on his behalf.

The Enforcement Directorate, led by Additional Solicitor General S V Raju, asserted that Kejriwal was the 'kingpin' and 'key conspirator' behind the scam.

This is the fourth high-profile arrest of AAP leaders by the ED, after Satyendar Jain, Manish Sisodia and Sanjay Singh.

Kejriwal's arrest on March 21 from his residence in Delhi marks the fourth high-profile arrest of AAP leaders by the ED. The other AAP leaders arrested by the ED include Satyendar Jain, Manish Sisodia, and Sanjay Singh.

He was subsequently produced in the Rouse Avenue court amidst tight security measures.

The court's order comes as a great setback for the AAP, just before the Lok Sabha elections.

During the hearing, the ED alleged that "Kejriwal was the kingpin of the Delhi liquor scam. The CM demanded kickbacks from 'South Group', it is a serious crime."

Kejriwal's counsel contended he is sitting Chief Minister and national convenor of a national party, the AAP.

"His arrest is clear violation of principles of “free and fair election” which forms part of the basic structure of the Constitution. The arrest seriously prejudices the governance and public interest of the NCT of Delhi," they said.

During the day, Kejriwal's counsel withdrew his plea against arrest from the Supreme Court even as a three-judge bench of Justices Sanjiv Khanna, M M Sundresh and Bela M Trivedi agreed to take up urgent hearing on his writ petition.

Before the special court, the probe agency, on the contrary, alleged that huge cash amounts were handed over to various people. Proceeds of crimes in this case were used in the Goa polls, the agency alleged.

"The AAP is the beneficiary but the party does not exist by itself. My submission is that AAP is a company so every person who is involved in its functioning shall be deemed to be a guilty person. Apart from personal liability, he (Kejriwal) is also liable to be punished for vicarious liability. He is also responsible for the affairs of the AAP," the ASG said.

The excise scam policy was made in such a manner that it would enable the taking of bribes and recoupment of people who gave the bribes, he alleged.

"CM Arvind Kejriwal is the key conspirator in the case. He is directly involved in the formulation of the policy," the ASG said.

"Another accused, Vijay Nair was staying in a house near Kejriwal. He was staying in the house given to Kailash Gahlot, a minister of the Delhi government. He acted as the middle man between the 'South Group' and the AAP," Raju said.

He further claimed that Kejriwal had allegedly demanded kickbacks from the 'South Group' in exchange for favours. "In exchange for kickbacks, the 'South Group' got control of the liquor business in Delhi," he said.

Raju elaborated that the proceeds of the crime encompass not only the Rs 100 crore initially mentioned but also include the profits accrued by the bribe payers, totaling over Rs 600 crore, according to his claim.

"Rs 45 Crore was transferred through hawala for Goa polls. There is corroboration not only by statements but even by CDRs. The money for Goa polls came through four routes. The allegations are also corroborated by one of the AAP candidates in Goa. This person was also paid in cash. Where did they get the cash? It was from these kickbacks," Raju alleged.

Opposing the arguments, Kejriwal's counsel Singhvi said that the power of arrest was not equal to need to arrest. The remand application was the same as the grounds of arrest. "How come this is possible," he asked.

"If the ED has proof, then why does the ED need custody? There is no necessity for his arrest. ED has to show the necessity of his arrest, why do you need custodial interrogation," Singhvi again asked.

"The AAP's top leaders have been arrested before the general elections. Why? There is no material evidence to show any wrongdoing. This is a complete abuse of due process," he alleged.

The counsel said that there was no direct evidence.

"Without there being any material in possession of the ED, there is no basis on which Kejriwal can be believed to be guilty of an offence. He is being illegally and arbitrarily arrested by the ED," the chief minister's counsel submitted.