Delhi High Court said material placed by the Enforcement Directorate (ED) was sufficient to show that Arvind Kejriwal was involved—in his personal capacity as well—in the formulation of the now-scrapped state excise policy while dismissing the Delhi chief minister’s plea challenging his as illegal.
Weeks before the nation goes to polls, the ED arrested Kejriwal on March 21 for his alleged role in the Delhi Liquor Policy scam. A Delhi Court on April 1 remanded the state chief minister to 14 days judicial custody.
The high court dismissed Kejriwal’s submission that his arrest is political considering the upcoming Lok Sabha elections that will kick off April 19 onwards. The high court said the ED arrest was as per law and it had nothing to do with the timing of the upcoming Lok Sabha elections, as contended by Kejriwal in his defence.
“We hold that the judges are bound by law, not politics. Judgments are given on legal principles not political considerations. Court cannot go into the realm of politics,” Justice Sharma said.
The court pointed out that Kejriwal couldn’t be questioned through VC, as per his request, for it is not for the accused to decide how an investigation is to be done. It cannot be as per the convenience of the accused, the HC said. “There cannot be any specific priviledge for anyone including a Chief Minister,” the court added.
Delhi HC further concluded that the present case at hand is not between the Centre and Arvind Kejriwal; rather, it is between Kejriwal and the ED. The Court must remain vigilant that it is not influenced by any extraneous factors, it added.
“We are concerned with constitutional morality and not political morality, the court said repeating the verdict in English and Hindi.
ED material, approver statements sufficient: Delhi HC
Before pronouncing her verdict, Justice Swarana Kanta Sharma clarified that Arvind Kejriwal did not file a plea seeking bail; rather he challenged his ED arrest and subsequent remand.
Justice Sharma made the clarification in English and Hindi.
The court observed that the material placed by the ED was sufficient to prove Kejriwal conspired and his role in actively using and concealing the proceeds of crime. “The ED case also reveals that he was involved in his personal capacity as well as convenor of AAP,” the judge said.
Delhi High Court pointed out how Aam Aadmi Party’s candidates themselves submitted that Kejriwal gave them money for the 2022 Goa assembly elections.
Statements given by hawala dealers and AAP Goa candidates show the complete chain on how the monies were sent for Goa elections.
The court further clarified that approvers’ statements are recorded by courts and not the ED. “To cast aspersion on the manner of recording statements of an approver would amount to casting aspersions on the court and the judge. The law of approver is more than 100 years old and not a one-year-old law that has been enacted to falsely implicate Kejriwal,” the judge said.
“Who gives tickets for contesting election or who purchases electoral bonds is not the concern of the court,” the judge said referring to Kejriwal’s defence on how ED forced Raghav Magunta, Sarath Reddy and YSR Congress leader and MP Magunta Reddy to turn approvers for a pardon.
