Arvind Kejriwal key conspirator in excise policy scam, demanded ₹100 crore from ’South group’: ED tells Delhi court

The Enforcement Directorate (ED) told a Delhi court on Friday that Delhi Chief Minister Arvind Kejriwal "is the key conspirator and kingpin in demanding kickbacks from liquor businessmen". The financial crime fighting agency said this while seeking the CM's 10-day custody remand in connection with the Delhi excise policy ‘scam’ case.

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Arvind Kejriwal, who was arrested on Thursday in the alleged excise policy-linked money laundering case, was produced before the Rouse Avenue court in New Delhi on Friday.

According to news agency ANI, the Enforcement Directorate submitted before Delhi's Rouse Avenue court that Kejriwal was directly involved in the formation of the Delhi excise policy 2021-22, which was scrapped last year.

“Arvind Kejriwal was key conspirator in liquor scam along with other ministers and leaders of the AAP [Aam Aadmi Party],” the ED told the court. 

The ED further alleged that Arvind Kejriwal received several crores of rupees as kickbacks from 'South group' for formulating and implementing the Delhi excise policy.  The agency said Kejriwal acted as a “middleman" between 'South group' and the other accused in the liquor scam. 

“He demanded ₹100 crore from some accused from 'South group' for contesting the Punjab elections,” Additional Solicitor General (ASG) SV Raju, who was appearing for the agency, was quoted by news agency PTI as saying.

The law officer told the court that the money trail showed that ₹45 crore "kickback" used in the Goa elections came from four hawala routes. He said the statements of the accused and witnesses have been corroborated by Call Detail Records (CDR).

ASG Raju said the AAP is not an individual but a company, and every person responsible for the conduct of the company will be held responsible.

What Kejriwal argued

Senior Advocate Abhishek Manu Singhvi, who was appearing for Kejriwal, said that there is no direct evidence against the chief minister. 

"Without there being any material in possession of the Enforcement Directorate on the basis of which Mr Kejriwal can be believed to be guilty of an offence, he is being illegally and arbitrarily arrested by the ED," Singhvi submitted before Rouse Avenue court.

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Senior Advocate Abhishek Manu Singhvi opposed the remand plea of the Enforcement Directorate and submits that the first thing they need to show is the necessity to arrest. Power of arrest and necessity of arrest are two different things, adds Singhvi.

He also submitted that the first thing they need to show is the necessity to arrest. "Power of arrest and necessity of arrest are two different things," Singhvi was quoted by news agency ANI as saying.

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He also opposed the CM's arrested for "non-cooperation" with ED officials. "All necessary documents/ information are already in possession of ED and summoning him (Kejriwal) 'in person' is therefore a ploy to illegally arrest him and the present matter is a clear case of malice," Singhvi said.

Arvind Kejriwal arrested

Arvind Kejriwal was arrested by the ED in the Delhi excise policy-linked money laundering case on Thursday evening. Kejriwal is the chief minister of Delhi and the AAP's national convener. He spent his night at the ED office after his arrest.

While concluding his arguments before the Special Judge, Singhvi requested the court to not look at the remand as a routine. "It requires the application of significant judicial mind...there are larger issues of democracy involved," he added.

Apart from Arvind Kejriwal, other prominent leaders arrested in connection with the alleged liquor scam are Manish Sidodia, K Kavitha, and Satyendar Jain.

Following Kejriwal's arrest, the AAP gave a nationwide call for protest against the Bharatiya Janata Party (BJP). "We demand the immediate release of Arvind Kejriwal, Manish Sisodia and other leaders of the party. They (probe agencies) have not given any proof in court against Sisodia...," Shakuntala Pandey, a protestor, was quoted as saying.

Kejriwal's counsel, Abhishek Manu Singhvi, said he would contest the remand proceedings before the trial court and then come back to the Supreme Court with another petition.