CM Kejriwal 'kingpin' of excise scam, worked in collusion with his ministers: ED to SC

Delhi Chief Minister Arvind Kejriwal is the "kingpin and key conspirator" of the excise policy scam and the arrest of a person for an offence based on material can never violate the “concept of free and fair elections”, the ED has told the Supreme Court.

The Enforcement Directorate claimed that Kejriwal worked in collusion with his ministers and AAP leaders and was also involved in “demanding kickbacks” from liquor businessmen in exchange for favours granted in the policy.

"Arvind Kejriwal, chief minister of NCT of Delhi is the kingpin and key conspirator of the Delhi excise scam in collusion with ministers of the Delhi govt, AAP leaders and other persons," the agency said in its 734-page reply affidavit.

‘Involved in conspiracy’

"Arvind Kejriwal was involved in the conspiracy of formulation of the excise policy 2021-22 to favour certain persons and also involved in the demanding kickbacks from liquor businessmen in exchange for favours granted in the said policy," it said.

The ED said there are no different provisions in the PMLA, 2002 for different standards of evidence to be available to arrest a chief minister or a common citizen and the petitioner by emphasising his position is attempting to carve out a special category for himself which cannot be accepted.

Countering Kejriwal's contention that his arrest violates basic structures and doctrine of free and fair elections, the probe agency, which arrested Kejriwal in the case, said, "The arrest of a person, however high he may be, for a commission of offence based on material, can never violate the concept of free and fair elections.”

"If the aforesaid argument is accepted, politicians who are criminals would be granted immunity from arrest on the ground that he is required to canvass in the election," it said.

ED justifies his arrest

"Treating a politician differently from an ordinary criminal in a matter of arrest would amount to arbitrary and irrational exercise of power of arrest which would violate the principle of equality enshrined under Article 14 of the Constitution," it added.

The agency pointed out that the arrest of Kejriwal was made because the investigating officer is in possession of material as required under section 19 which would indicate his guilt of the offence of money laundering punishable under the PMLA.

"A differential treatment in favour of a politician who is guilty of the offence of money laundering would violate 'rule of law' which would be a violation of the basic structure of the Constitution," it said.

Justifying his arrest, the ED said Kejriwal had been arrested bona fide and not for any mala fide or extraneous reasons.

"It is categorically denied that the arrest was mala fide. Regarding the contention pertaining to mala fide, it is submitted that not only the contentions of the petitioner is baseless and ill-founded but it is vague, general and not specific," it said.

(With agency inputs)