NEW DELHI: A metropolis court docket on Friday remanded chief minister and AAP nationwide convener Arvind Kejriwal to the custody of Enforcement Directorate until March 28 within the alleged cash laundering case related to the Delhi Excise Coverage 2021-22.Particular decide Kaveri Baweja at Rouse Avenue courts handed the order “for the purpose of his detailed and sustained interrogation with respect to his role and to unearth the remaining proceeds of crime and for confronting him with data retrieved from digital devices and material seized during investigation”.The company had submitted that the Delhi CM was the “key conspirator” and “kingpin” within the case and sought his custody for interrogating him. It had alleged that he was immediately concerned in formulation of the coverage and dealing with of the proceeds of crime as the top of AAP.No Courtroom Breather For CM, AAP Breathes FireIn this fashion, AAP has dedicated the offence of cash laundering by accused Arvind Kejriwal, which is an offence lined below Part 70 of PMLA,” the court docket mentioned in a 17-page order, explaining ED’s competition.It, in the meantime, directed preservation of CCTV footage of his court docket look after the CM alleged harsh mishandling of the individuals across the courtroom by a Delhi Police officer.Kejriwal was produced within the court docket round 2pm, shortly after he withdrew his plea in opposition to his arrest by ED from Supreme Courtroom. The court docket heard detailed submissions for over three hours by ED in addition to Kejriwal’s attorneys.Senior advocates Abhishek Manu Singhvi, Vikram Chaudhari and Ramesh Gupta appeared for Kejriwal whereas extra solicitor basic (ASG) SV Raju and Zoheb Hossain represented ED.Kejriwal’s counsels advised the court docket that ED didn’t have “material” in its possession on the idea of which there may very well be a “reason to believe” that Kejriwal was responsible of an offence below Prevention of Cash Laundering Act (PMLA).In addition they accused the company of “gross violation of rules and legal norms”, including that ED indulged in “subterfuge and misrepresentations” by taking the constant stand earlier than Delhi HC and in its correspondence that Kejriwal was being summoned for ascertaining sure details.The counsels mentioned that an arbitrary process below PMLA had been employed to create a “non-level playing field” for Lok Sabha polls. They identified that the probe has been occurring since Aug 2022 and ED had by no means discovered it essential to arrest the accused.Singhvi identified that arrest below PMLA was extra stringent since bail can be stringent.“There has to be a causal link between material in my possession and reason to believe. The first thing to be shown is necessity for arrest. The power of arrest is not equal to the need for arrest. Just because you have the power to arrest does not mean you will arrest,” he mentioned.“There is a new pattern now. You have a witness, (and) he does not name Kejriwal in statement one or statement two. You then arrest him and oppose his bail vehemently. He then turns approver. And one fine day he gives a brilliant statement (naming Kejriwal),” Singhvi noticed.Arguing for ED, ASG Raju advised the court docket that the Delhi CM was the “kingpin and key conspirator… in collusion with ministers of Delhi govt, AAP leaders and other persons”. He added that the CM was “directly involved in formulation of the policy. He was involved in handling of proceeds of crime as well in the Goa election campaign. Kejriwal is the head of the party”.“The proceeds of crime are not only the Rs 100 crore bribe received but also profits made by the bribe payers. It was over Rs 600 crore. Rs 45 crore was transferred to Goa through hawala,” mentioned the ASG.“The investigation conducted so far (has) revealed the involvement of accused Arvind Kejriwal in the conspiracy of formulation and implementation of Excise Policy 2021-22 with a view to favour certain persons as also his involvement in seeking kickbacks from businessmen in exchange of favours to be granted to what is being referred to as the ‘South group’ and in collusion with co-accused Vijay Nair, Manish Sisodia and other members/representatives of the ‘South group’,” mentioned the court docket, noting the submissions.It mentioned that on this regard, materials by the use of statements of C Arvind, the then secretary of Sisodia, Butchibabu, Magunta Srinivas Reddy, Raghav Magunta and P Sarath Chandra Reddy are additionally on file.Referring to ED’s competition, the court docket mentioned “as revealed by co-accused Vijay Nair during investigation, he lived in a govt bungalow officially allotted to a cabinet minister close to the bungalow of the accused and is alleged to have received kickbacks to the tune of Rs 100 crore from the ‘South group’ on behalf of the accused, in exchange for grant of favours…”The ASG mentioned Kejriwal was liable to be punished for vicarious legal responsibility, too, being answerable for the affairs of AAP. He identified that the CM had wilfully disobeyed the summonses issued to him by ED and refused to cooperate with the probe. “At the time of search, he did not give correct facts. He was non-cooperative… We want to interrogate him and gather information,” Raju mentioned.Kejriwal’s counsel contended that ED was appearing as decide, jury and executioner. “I look at the remand application and all I can say is that it is subterfuge. The first line in the remand is that as CM he was the kingpin. On Jan 12, they had said I am being called not as CM. The opening lines of the remand application destroys their subterfuge and misrepresentation,” mentioned senior advocate Vikram Chaudhari.
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