Excise Policy Case: “Not A Single Rupee Was Traced Back To AAP”- Kejriwal To SC

Delhi Chief Minister Arvind Kejriwal on Saturday has filed his response to the ED affidavit in the Supreme Court and stated that there exists “no proof or material” demonstrating that AAP received funds or advanced kickbacks from the South group, let alone utilizing them in the Goa election campaign.

Kejriwal stated in response to the ED affidavit, “Not a single Rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague and baseless without any corroboration.”

WHAT AFFIDAVIT SAYS?

The affidavit stated, “No proof of even any cash payment was given. There exists no proof or material demonstrating that the AAP received funds or advanced kickbacks from the South group, let alone utilised them in the Goa election campaign. Not a single Rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration.”

Recently, ED filed an affidavit in the Supreme Court opposing Delhi Chief Kejriwal’s plea against his arrest.

Filing his rejoinder on ED’s affidavit, Kejriwal stated that the central agency is abusing its power of arrest in the middle of the general election.

He stated that the mode, manner and timing of his arrest just before the schedule of the Lok Sabha elections had been announced and the Model Code of Conduct came into play, speaks volumes about the “arbitrariness” of the ED.

The rejoinder of the Chief Minister stated, “This timeline establishes the fact that Kejriwal has been arrested intentionally with a malafide intent without any necessity to arrest.”

WHAT’S IN THE CASE?

The present case is a “classic case” of how the ruling party-led central government has misused the central agency- ED and its wide powers under PMLA to crush its biggest political opponent -AAP and its leaders, it added.

Kejriwal in his response further stated that there is a glaring absence of material indicating his involvement in any criminal activity relating to the predicate offence whether it be concealment, possession, acquisition, or utilization of proceeds of crime to attract the vice of Section 3 PMLA.

Affidavit further stated, ED illegally ‘picked up’ a sitting Chief Minister and the National Convenor of one of the 6 national Opposition parties in India on March 21, 2024, that is, 5 days after the general elections were called and the Model Code of Conduct was put in place.

Kejriwal stated that the AAP is in direct opposition to the ruling political party at the Centre in the ongoing general elections and voting has already commenced as of April 19.

The affidavit further stated that during an election cycle when political activity is at its highest, Kejriwal’s illegal arrest has caused grave prejudice to his political party and will give the ruling party at the Centre an unjust upper hand in the ongoing elections.

The affidavit read, “A level playing field–which is a pre-requisite for ‘free and fair elections’- has clearly been compromised with the illegal arrest of the Petitioner.”

He stated that he has always cooperated with the investigation, and the apex court has held in various judgements that non-cooperation doesn’t mean that the person be arrested.

The affidavit of the Chief Minister further stated that ED attributed the alleged “large-scale destruction of evidence” as a ground to arrest Kejriwal, however, it stated, “there is not even a single averment alleging the destruction of evidence of any kind by Kejriwal and hence the said ground is devoid of any merit.”

The rejoined stated, “Moreover, the respondent (ED), being devoid of any cogent reason, is now raising frivolous and fictitious grounds for justifying the illegal arrest of the Petitioner (Kejriwal).”

CASE HISTORY

Kejriwal approached the top court challenging his arrest by ED and his subsequent remand in the excise policy case. The apex court earlier asked the central agency to file its response to Kejriwal’s plea.

Aam Aadmi Party leader Kejriwal challenged a Delhi High Court judgement that dismissed his plea against arrest by the ED and his subsequent remand in the excise policy case.

Kejriwal, while filing an appeal in the apex court, contended that his arrest after the announcement of the general elections was “motivated by extraneous considerations.”

Previously on April 9, the High Court dismissed his plea for release from jail and rejected his argument of political vendetta amid the looming Lok Sabha elections.

The High Court stated that Kejriwal’s absence from nine ED summons over 6 months undermined any claims of special privilege as Chief Minister, suggesting his arrest was an inevitable consequence of his non-cooperation.

Kejriwal got arrested by the ED on March 21 in connection with a money laundering probe relating to alleged irregularities in the now-cancelled Delhi excise policy 2021-22.

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