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Delhi HC dismisses arrest plea by Arvind Kejriwal, says ED has evidence to show he conspired with others in Excise Policy scam

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Delhi HC dismisses arrest plea by Arvind Kejriwal, says ED has evidence to show he conspired with others in Excise Policy scam
The Delhi High Court on Tuesday dismissed Delhi Chief Minister Arvind Kejriwal’s plea against his arrest by the Enforcement Directorate, saying that the investigative agency was in possession of enough material which had led them to arrest him.

“ED was able to place enough material in the shape of ‘Hawala’ material, and statements of approver that he was given money in cash for Goa elections. Money was sent in cash for the Goa elections. The arrest is not in contravention of law, remand cannot be termed illegal,” the court said.

The court opined that the Chief Minister cannot decide how a probe is to be done, it won’t be done as per the convenience of the person arrested.

“Non-joining of investigation by Kejriwal, delay caused by him was also impacting those in judicial custody,” the court said.

Kejriwal was arrested by the ED in the ongoing probe in the Excise Policy scam case in Delhi. He was arrested on March 21 but was sent to judicial custody by a trial court on April 1 till April 15, 2024.

“The material collected by the ED reveals that Arvind Kejriwal conspired with others. The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP. Granting pardon to approver is not under ED’s domain and is a judicial process,” the judge said while reading out the order.”If you cast aspersions on the process of pardon…you’re casting aspersions on the judge,” the court said.Court also rejected Kejriwal counsel’s claim contending the timing of the arrest, saying that he was arrested in a money laundering case and the court has to examine his arrest and remand as per law irrespective of the timing of the elections.

Currently lodged in Tihar jail, Kejriwal said this arrest was ‘illegal’. At the High Court, Kejriwal challenged his arrest and the subsequent remand in ED custody.

ED alleged that the AAP has been a major beneficiary of the proceeds of crime generated in the alleged liquor scam. Kejriwal was called the ‘kingpin’ by ED.

Kejriwal’s legal counsel senior advocate AM Singhvi argued the timing of Kejriwal’s arrest, right ahead of the Lok Sabha polls. However, ASG Ravi, appearing for the ED, asked if a person should not be investigated just because he or she is a politician.

The case pertains to alleged irregularities and money laundering in framing and implementing of the now-scrapped Delhi Excise Policy 2022.

Although Kejriwal’s name was not directly mentioned in the FIRs filed by the ED or the Central Bureau of Investigation in the investigation, it was first cited in the ED’s chargesheet. ED alleged that Kejriwal spoke with Sameer Mahendru, a primary accused, via video call, urging him to collaborate with co-accused Vijay Nair, the AAP communications-in-charge.



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