'Refused to share password': What ED said while opposing Kejriwal's plea against arrest

1 week ago 15

NEW DELHI: The

Enforcement Directorate

(ED) has informed the Supreme Court that Delhi chief minister

Arvind Kejriwal

played a central role in the excise policy case, acting as the "kingpin and key conspirator."
The probe agency asserted that arresting an individual based on evidence of an offense does not undermine the principles of free and fair elections.

According to the ED, Kejriwal allegedly collaborated with his ministers and AAP leaders, and was involved in "demanding kickbacks" from liquor businessmen in return for favors granted through the policy.
The agency filed an affidavit in the Supreme Court in response to Kejriwal's plea challenging his arrest, stating that he failed to cooperate with the ED despite being summoned multiple times in connection with the excise policy case. On April 15, the top court had sought a response from the ED by April 24 on Kejriwal's plea challenging his arrest in the case.
Here's what the ED said while opposing the Delhi chief minister's plea against his arrest:

"The Aam Aadmi Party (AAP) is the major beneficiary of the proceeds of crime generated in the Delhi liquor scam. Part of the proceeds of crime to the tune of cash of Rs 45 cr approx. has been utilised in the election campaign of AAP in Goa Assembly elections 2022," it said.

"AAP has committed the offence of money laundering through Arvind Kejriwal and the offences thus are covered by section 70, PMLA 2002. He is also involved in demand of kickbacks which have inter-alia generated further proceeds of crime," it said.

"A total of approximately 170 mobile phones were changed/destroyed by 36 persons (accused and other persons involved) during the period of the scam and when the scam and irregularities in the Delhi Excise Policy of 2021-22 became public," ED has claimed.

"For investigation, Kejriwal was asked to provide a password to his mobile phones during the search on March 21, 2024 and then during ED custody, the same was asked again and his reply was recorded in his statement, wherein he refused to share the same. Even his statements during custody would reveal that despite being confronted with materials, the petitioner chose to give completely evasive answers," the affidavit read.

The probe agency alleged that contravention of the PMLA, particularly offences punishable under section 4 of the Act, have taken place "with his knowledge and he didn't exercise at any time diligence to prevent such contravention".

"For investigation, Kejriwal was asked to provide a password to his mobile phones during the search on March 21, 2024 and then during ED custody, the same was asked again and his reply was recorded in his statement, wherein he refused to share the same. Even his statements during custody would reveal that despite being confronted with materials, the petitioner chose to give completely evasive answers," the probe agency alleged.

"Taking advantage of the fact that he was also the CM of Delhi, he used the said post to facilitate the offence of money laundering punishable under section 4 of PMLA by the 'company' i.e. AAP and therefore, without prejudice to his role and liability for the direct commission of the said offence, he is also vicariously liable for the offence committed by the AAP, being the national convenor of the said party and because of his role and active involvement in the day to day affairs and the conduct for the business of AAP," it said.

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.

"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.

It pointed out that Kejriwal was involved in the use of proceeds of crime thus generated in the Goa election campaign of the AAP to which he is the convenor and the ultimate decision maker.

(With agency inputs)