Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

NEW DELHI: A special court on Friday sent Delhi Chief Minister, Arvind Kejriwal to Enforcement Directorate's custody till March 28 to allow the central probe agency, to interrogate him in the liquor policy scam case.

Special Judge Kaveri Baweja allowed the ED's plea for custodial interrogation.

Appearing for Kejriwal, senior advocates A M Singhvi, Vikram Chaudhari and Ramesh Gupta questioned the very grounds of arrest.

Additional Solicitor General S V Raju, representing the ED, claimed Kejriwal was the kingpin and main conspirator of the scam.

Kejriwal was arrested on March 21 from his residence here.

He was produced in the Rouse Avenue court amid a heavy security.

After his production in court, the ED sought 10 day custody of Kejriwal for a sustained interrogation.

Just before the eve of general elections, the court's order came as a great setback for the AAP, now recognised as a national party.

Seeking custodial interrogation of Kejriwal, the ED alleged he is the kingpin of the Delhi liquor scam.

"The CM demanded kickbacks from South Group, it is a serious crime," it said.

Kejriwal's counsel contended he is sitting Chief Minister and national convenor of a national party, AAP.

His counsel claimed the arrest of Kejriwal is clear violation of principles of “free and fair election” which forms part of basic structure of the Constitution. The arrest seriously prejudices the governance, and public interest of the NCT of Delhi.

During the day, Kejriwal's counsel withdrew his plea against arrest from the Supreme Court even as a three-judge bench of Justices Sanjiv Khanna, M M Sundresh and Bela M Trivedi agreed to take up urgent hearing on his writ petition.

Before the special court, the probe agency, on the contrary, alleged that huge cash amounts were handed over to various people. Proceed of crimes in this case, were used in Goa polls, it alleged.

"The AAP is the beneficiary but the party does not exist by itself. My submission is that AAP is a company so every person who is involved in its functioning shall be deemed to be a guilty person. Apart from from personal liability, he (Kejriwal) is also liable to be punished for vicarious liability. He is also responsible for the affairs of the AAP," Raju said.

The excise scam policy was made in such a manner that it would enable the taking of bribes and recoupment of people who gave the bribes.

"CM Arvind Kejriwal is the key conspirator of the in the case. He is directly involved in formulation of the policy," the ASG said.

Another accused, Vijay Nair was staying in a house near Kejriwal. He was staying in the house given to Kailash Gahlot, a minister of the Delhi government. He acted as the middle man between South Group and AAP, Raju said.

He further claimed that Kejriwal had allegedly demanded kickbacks from the South Group in exchange for favours. "In exchange for kickbacks, the South Group got control of liquor business in Delhi," he said.

Raju further said that the proceeds of crime is not only Rs 100 crore  but also the profits made by the bribe payers. "It was over Rs 600 crore," he claimed.

"Rs 45 Crore was transferred through hawala for Goa polls. There is corroboration not only by statement but even CDRs. The money to Goa came through four routes. The allegations are also corroborated by one of the AAP candidates in Goa. This person was also paid in cash. Where did they get the cash? It was from these kickbacks," Raju said.

Countering the submission, Kejriwal's counsel Singhvi said that the power of arrest was not equal to need to arrest. The remand application was same as grounds of arrest. "How come this is possible," he asked.

"If the ED has proof, then why ED need custody?  There is no necessity of his arrest. ED has to show the necessity of his arrest, why did you need custodial interrogation," he again asked.

"The AAP's top leaders have been arrested before the General Elections. Why? There is no material evidence to show any wrongdoing. This is complete abuse of process of ED," he alleged.

The counsel said that there was no direct evidence in the case.

"Without there being any material in possession of the ED, there is no  basis on which Kejriwal can be believed to be guilty of an offence. He is being illegally and arbitrarily arrested by the ED," the counsel claimed.

[Read Order]