The Enforcement Directorate in its reply to the Supreme Court regarding Arvind Kejriwal’s plea challenging his arrest said that the Delhi CM assisted the formulation of the Delhi liquor policy which allegedly enabled liquor companies to recoup the bribes paid as profits, thus making him "directly and indirectly" involved in the process connected with the "proceeds of crime".
The ED on Wednesday filed an affidavit in which it said that the proceeds of crime in this case is not limited to the bribe amount of Rs. 100 crores but also includes the profit generated by the bribe giver to the tune of 12%.
The central agency added that Kejriwal cannot be treated differently from any other criminal on the ground because he is a politician as doing so would be arbitrary and in violation of the principle of right to equality enshrined under Article 14 of the Constitution, the Enforcement Directorate (ED).
Kejriwal had filed a petition in the apex court challenging his arrest and remand by the Enforcement Directorate (ED) in the money laundering case connected to the Delhi excise policy.
Earlier, Delhi High court dismissed his plea saying the ED has substantial evidence for the remand.
The ED submitted that the arrest of Kejriwal was based on possession of material as required under Section 19 of the Prevention of Money Laundering Act (PMLA) which would indicate his guilt in the offence of money laundering, reported Bar and Bench.
"The destruction of evidence itself is a corroboration of the statements of these accused u/s 50 of PMLA (which itself is a legally admissible evidence) as well as involvement of these accused in the offence of money laundering," the affidavit argued.
The agency further rejected Kejriwal's argument that his arrest was due to the ensuing Lok Sabha elections.
On April 15, the Supreme Court (bench comprising Justices Sanjiv Khanna and Dipankar Datta) issued notice to the ED on Kejriwal's petition and listed the matter in the week commencing from April 29.
AAP’s national convenor was arrested by the ED on March 21 who was initially remanded till March 28, Later, he was sent to judicial custody and is currently lodged in Tihar jail.
Several AAP leaders including former Deputy Chief Minister Manish Sisodia and Member of Parliament Sanjay Singh were arrested by the ED in connection with the case. Sanjay Singh was recently released on bail, while Sisodia continues to be in jail since February 2023.
