The Supreme Court questioned regarding the delay in the Enforcement Directorate’s (ED) investigation into the excise policy. The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, has questioned the ED regarding the prolonged duration of the investigation. The court noted that it took the agency two years to uncover pertinent information in the case and inquired “why direct questions were not posed to the witnesses and accused individuals during the investigation”.
NEW DELHI: Today( 7th May): The Supreme Court on Tuesday told the Enforcement Directorate that it would hear arguments for an interim bail to Arvind Kejriwal as he is “the sitting Chief Minister of Delhi and needs to campaign for the Lok Sabha elections”. The top court said this was an “extraordinary case” and “it’s not like he is a habitual offender”.
A two-judge bench of Justices Sanjiv Khanna and Dipankar Datta made the remarks while hearing the jailed Chief Minister’s petition challenging his March 21 arrest by the Enforcement Directorate linked to the Delhi liquor policy case. A verdict is expected by 2.30 pm.
The Supreme Court questioned the Enforcement Directorate’s (ED) “delay” in investigating a money laundering case connected to Delhi Chief Minister Arvind Kejriwal. The court has requested the ED produce case files before Kejriwal’s arrest and also those pertaining to Delhi’s former deputy chief minister, Manish Sisodia, who is also implicated in the case. Kejriwal has filed a plea challenging his arrest by the ED, and the court is currently hearing arguments on the matter.
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The Supreme Court mentioned while hearing the matter, to consider granting interim bail to Delhi Chief Minister Arvind Kejriwal amid the ongoing Lok Sabha elections. The Court directed the Enforcement Directorate (ED) to be prepared to discuss this matter during the upcoming hearing.
The Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, has questioned the ED regarding the prolonged duration of the investigation. The court noted that it took the agency two years to uncover pertinent information in the case and inquired “why direct questions were not posed to the witnesses and accused individuals during the investigation.”.
“We may consider interim bail due to the elections,” while informing the ED, the bench stated
Additional Solicitor General S. V. Raju, representing the ED, clarified that Kejriwal’s involvement in the case only became apparent at a later stage, and initially, he was not the primary focus of the probe.
Raju further revealed that during the 2022 Goa Assembly polls, Kejriwal had allegedly stayed in a luxurious seven-star hotel, with a portion of the bills purportedly being paid by the Delhi Government’s general administration department. The ED claimed that Kejriwal’s role in the money laundering case emerged from these findings.
The bench was presented with a note by Raju that contradicted Kejriwal’s assertion that the statements of approvers had been suppressed by the probe agency. The arguments in the case are currently ongoing, and Kejriwal, who was arrested on March 21, remains in judicial custody at Tihar Jail.
Additionally, the Delhi Lieutenant Governor recommended a National Investigation Agency (NIA) probe against Kejriwal based on a complaint alleging political funding from a banned organization. The Delhi High Court had previously ruled that Kejriwal’s arrest by the ED was lawful, citing sufficient evidence, including approvers’ statements and the involvement of intermediaries in cash transactions related to the 2022 Goa elections.
Background:
On April 15, the Supreme Court issued a notice to the ED in response to Kejriwal’s plea against his arrest. The Delhi High Court had previously upheld his arrest on April 9, stating that the ED had few alternatives after Kejriwal repeatedly evaded summonses and refused to cooperate with the investigation. The case revolves around allegations of corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for the year 2021–22, which has now been repealed.
On March 21, Arvind Kejriwal was arrested by the Enforcement Directorate in relation to the excise policy case. The case involves alleged irregularities and money laundering in the framing and implementation of the Delhi Excise Policy 2022, which was subsequently scrapped. The ED has claimed that the Aam Aadmi Party (AAP) is the primary beneficiary of the proceeds of crime generated in the alleged liquor scam. It has also alleged Kejriwal’s direct involvement in the formulation of the excise policy.
According to the material collected by the Enforcement Directorate, Arvind Kejriwal is accused of conspiring and actively participating in the use and concealment of proceeds of crime. The ED’s case reveals Kejriwal’s involvement both in his personal capacity and as the convenor of the Aam Aadmi Party.
The court dismissed Kejriwal’s challenge to the timing of his arrest, asserting that it should be examined based on the law and not about the electoral context. The absence of any mala fide intentions on the part of the ED rendered Kejriwal’s objection unsustainable.
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