The Supreme Court on Monday issued notice to the Enforcement Directorate (ED) on a plea by Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal challenging his arrest by the agency and his subsequent remand in the money laundering case connected to the Delhi excise policy [Arvind Kejriwal vs Directorate of Enforcement].
A bench of Justices Sanjiv Khanna and Dipankar Datta sought the response of the central agency and posted the case for further hearing on April 29.
“Issue notice. returnable on April 24. Notice is accepted by the respondent who are presented in court on caveat. Reply to be filed on or before April 24 and rejoinder on or before April 27,” the Court directed.
Senior Advocate Abhishek Manu Singhvi, appearing for Kejriwal, sought an earlier date but the Court posted the case for hearing next on April 29.
“This is an unusual matter. There are 15 statements (by witnesses), 10 by the same person.. one statement becomes..” he said.
“Reserve arguments for next day,” the bench said.
Singhvi, however, proceeded to question the timing of Kejriwal’s arrest right before the Lok Sabha polls.
“Arrest on March 16 is about the timing after the case was registered long back..First round of polling is on April 19,” he said.
The bench said that it has read the petition and documents.
The plea by the Delhi Chief Minister before the apex court was filed after the Delhi High Court had recently dismissed his plea in connection with he matter, and opined that there was evidence to show that Kejriwal’s involvement in the scam.
Further, it had said that the money received as kickbacks was used for political campaigning in the 2022 Goa legislative assembly elections.
This led to the present appeal before the apex court.
The ED’s money laundering probe stems from a case registered by the Central Bureau of Investigation (CBI) on August 17, 2022 in connection with alleged irregularities in the Delhi Excise Policy for 2021-22.
The CBI case was registered on a complaint made by Lieutenant Governor VK Saxena on July 20, 2022.
It has been alleged that a criminal conspiracy was hatched by AAP leaders, including former Deputy Chief Minister Manish Sisodia and other unidentified and unnamed private persons/entities during the stage of the policy’s formulation.
The conspiracy, it has been alleged, stemmed from some of the loopholes “intentionally” left or created in the policy. These were allegedly meant to favour some licensees and conspirators post the tender process.
Several AAP leaders including former Deputy Chief Minister Manish Sisodia and Member of Parliament Sanjay Singh were arrested by the ED in connection with the case.
Kejriwal was arrested by the ED on March 21 and then produced before Delhi’s Rouse Avenue Court, which initially remanded him to ED custody till March 28.
The ED’s custody was later extended till April 1. Thereafter, he was sent to judicial custody till April 15.
He is presently lodged in Tihar Jail.
“We know the facts and we have gone through the paper books. You should not have argued after we issued notice,” the Court remarked before posting the case for April 29.