The Delhi High Court Tuesday dismissed the Chief Minister Arvind Kejriwal’s petition challenging his arrest by the Enforcement Directorate (ED) in the excise policy case .“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 Kejriwal’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.
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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 agency was able to make out a case of Kejriwal’s involvement in the offence of money laundering.ED, which said the probe against Kejriwal was at a nascent stage, referred to Kejriwal’s argument that his arrest was politically motivated.