On Thursday( 9th May), Delhi CM Arvind Kejriwal’s interim bail plea is met with opposition from the ED, prompting his legal team to protest the affidavit’s unapproved submission in the Supreme Court.
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NEW DELHI: On Thursday( 9th May), Arvind Kejriwal, Delhi Chief Minister and AAP National Convenor, encounters resistance from the Enforcement Directorate (ED) in his bid for interim bail. Kejriwal’s legal team has vehemently opposed the ED’s affidavit filed in the Supreme Court, lodging a formal complaint with the court’s registry. They condemn the affidavit as a clear violation of legal protocols, particularly since the court is set to make a final decision on the matter the next day, and the affidavit was submitted without prior approval.
The Aam Aadmi Party (AAP) has questioned the ED’s objection to Kejriwal’s interim bail, highlighting that no substantial evidence or incriminating material has been recovered by the ED during its two-year investigation into the alleged liquor scam involving the AAP.
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In a press release, the AAP stated-
“Additionally, Arvind Kejriwal’s arrest grounds stem from statements provided by other involved individuals… The Enforcement Directorate (ED) has primarily leaned on statements from these accused individuals, who have now turned witnesses and are closely associated with, and benefiting from, the BJP.”
The AAP emphasized that those making allegations against Kejriwal have close connections with the Bharatiya Janata Party (BJP), which calls into question their credibility and motivations. They highlighted a consistent pattern: individuals are arrested, they provide multiple statements that don’t implicate Kejriwal, and then they are released on bail or pardoned without any objection from the ED. According to the AAP, the ED deliberately overlooked statements that didn’t accuse Kejriwal, indicating a systematic approach to using arrests to extract statements against him.
The AAP further argued that some of the statements provided by the accused turned witnesses do not even indicate the commission of money laundering or any predicate offense. They claimed that all the evidence against Kejriwal, as presented in the Grounds of Arrest, came after the arrest of these individuals, creating a suspicion that arrests were being used as a means to extract false statements against Kejriwal.
The AAP criticized the ED for the illegal arrest of a sitting Chief Minister and the National Convenor of a national party during an election cycle. They believe that Kejriwal’s arrest, which occurred five days after the General Elections were announced and the Model Code of Conduct was in place, has caused significant prejudice to the AAP. The party argues that this arrest gives the ruling BJP an unfair advantage in the ongoing elections, compromising the level playing field required for free and fair elections.
Accusing the ED of being opaque, dictatorial, and engaging in suggesting falsehood and suppressing truth, the AAP stated-
“The arrest of Arvind Kejriwal represents an unparalleled attack on the principles of democracy, including the concepts of ‘free and fair elections’ and ‘federalism’… The Enforcement Directorate (ED) misused its authority to arrest him amidst the General Election, despite possessing the same evidence for months prior to his arrest.”
The AAP went on to emphasize that there is no material evidence to implicate any AAP leader in any illegal activities related to proceeds of crime (POC). They denied receiving any funds from the “South Group” and highlighted that the ED itself had admitted in its counter affidavit filed before the High Court that Kejriwal was not involved in handling the transfer of any amounts.
According to the party, the ED’s reply in the proceedings clearly states that Kejriwal is not named as an accused in the ECIR (Enforcement Case Information Report) or in the scheduled offense registered by the Central Bureau of Investigation (CBI), which forms the basis of the proceedings in the ECIR.
The AAP strongly condemned the ED’s approach, which they believe undermines the principles of fair investigation, fair trial, and the rule of law. They consider the power of arrest in this case to be an abuse of due process and established procedures.
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Earlier today, the ED filed an affidavit in the Supreme Court opposing the grant of interim bail to Arvind Kejriwal, asserting that a politician cannot claim a higher status than an ordinary citizen and is not entitled to differential treatment. The court had hinted at the possibility of granting interim bail to Kejriwal to allow him to campaign for the upcoming Lok Sabha elections in Delhi. However, they specified that if bail is granted, Kejriwal would not be permitted to carry out any official duties as Chief Minister.
Kejriwal was arrested by the Enforcement Directorate on March 21 in connection with the excise policy case.
