Supreme Court verdict tomorrow in Arvind Kejriwal plea challenging arrest, remand by ED
In May, a two-judge bench of the Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved the judgement in the case but granted Kejriwal liberty to move the trial court for regular bail.
- Jul 11, 2024,
- Updated Jul 11, 2024 8:48 PM IST
The Supreme Court (SC) will deliver its judgment tomorrow (Friday) on Arvind Kejriwal's plea challenging his arrest and remand by the Enforcement Directorate (ED) in the excise policy case, Bar and Bench reported on Thursday.
In May, a two-judge bench of the Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved the judgement in the case but granted Kejriwal liberty to move the trial court for regular bail.
During the proceedings, the top court had asked the ED to submit the files and said, "We want to see the statements of witnesses recorded after Manish Sisodia's arrest, after the delivery of the judgement denying bail to him and before Kejriwal's arrest."
During the hearing, Additional Solicitor General, S V Raju, told the bench that more evidence regarding the hawala transactions was unearthed and WhatsApp chats were also found of the transactions.
On this, the bench asked if these were mentioned in the "grounds of arrest" recorded in writing and given to Kejriwal. Responding to this, ASG said, "The probe agency is not supposed to share everything with the accused". To which the bench asked, "How will you not give reasons to believe? How will he challenge those reasons?"
ASG Raju said that supplying every material to the accused before arrest might jeopardise the probe. At this, Justice Khanna said, normally, the investigating officer should not arrest a person until he has sufficient material to show that he is guilty, and that should be the standard practice.
Kejriwal directly enjoyed excise 'scam' kickbacks: ED
The ED, in its charge sheet filed against Kejriwal, said the Delhi chief minister "directly used" part of the alleged Rs 100 crore generated from the "kickbacks" of the excise policy "scam" by staying in a luxury hotel in Goa. The probe agency also said the GoM (Group of Ministers) constituted by his government in this context was a "sham".
The 209-page charge sheet said that Kejriwal is the "kingpin and key conspirator of the Delhi excise scam" in collusion with ministers of Delhi govt, Aam Aadmi Party (AAP) leaders and other persons. The AAP, however, responded to the ED charge sheet saying the BJP-led government at the Centre was hatching a "big conspiracy" against the party and that the political outfit was being finished off.
"Arvind Kejriwal has directly used part of these proceeds of crime personally by making Chanpreet Singh (another accused in the case) to make payment for Sh Arvind Kejriwal stay and event at the Grand Hyatt, Goa," the agency claimed. It said that Kejriwal also "mingled" these proceeds of crime with the funds of the Delhi government.
It has been alleged that the 'South Group' of politicians and liquor businessmen gave Rs 100 crore worth of kickbacks to gain a favourable position in the Delhi excise policy for 2021-22 and out of these funds, Rs 45 crore was sent for the AAP campaign in Goa during the 2022 assembly polls. "The AAP kept the expenses made out of the proceeds of crime of Rs 45 crore out of the books and did not disclose the same to the Election Commission of India," it said.
(With inputs from PTI)
The Supreme Court (SC) will deliver its judgment tomorrow (Friday) on Arvind Kejriwal's plea challenging his arrest and remand by the Enforcement Directorate (ED) in the excise policy case, Bar and Bench reported on Thursday.
In May, a two-judge bench of the Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved the judgement in the case but granted Kejriwal liberty to move the trial court for regular bail.
During the proceedings, the top court had asked the ED to submit the files and said, "We want to see the statements of witnesses recorded after Manish Sisodia's arrest, after the delivery of the judgement denying bail to him and before Kejriwal's arrest."
During the hearing, Additional Solicitor General, S V Raju, told the bench that more evidence regarding the hawala transactions was unearthed and WhatsApp chats were also found of the transactions.
On this, the bench asked if these were mentioned in the "grounds of arrest" recorded in writing and given to Kejriwal. Responding to this, ASG said, "The probe agency is not supposed to share everything with the accused". To which the bench asked, "How will you not give reasons to believe? How will he challenge those reasons?"
ASG Raju said that supplying every material to the accused before arrest might jeopardise the probe. At this, Justice Khanna said, normally, the investigating officer should not arrest a person until he has sufficient material to show that he is guilty, and that should be the standard practice.
Kejriwal directly enjoyed excise 'scam' kickbacks: ED
The ED, in its charge sheet filed against Kejriwal, said the Delhi chief minister "directly used" part of the alleged Rs 100 crore generated from the "kickbacks" of the excise policy "scam" by staying in a luxury hotel in Goa. The probe agency also said the GoM (Group of Ministers) constituted by his government in this context was a "sham".
The 209-page charge sheet said that Kejriwal is the "kingpin and key conspirator of the Delhi excise scam" in collusion with ministers of Delhi govt, Aam Aadmi Party (AAP) leaders and other persons. The AAP, however, responded to the ED charge sheet saying the BJP-led government at the Centre was hatching a "big conspiracy" against the party and that the political outfit was being finished off.
"Arvind Kejriwal has directly used part of these proceeds of crime personally by making Chanpreet Singh (another accused in the case) to make payment for Sh Arvind Kejriwal stay and event at the Grand Hyatt, Goa," the agency claimed. It said that Kejriwal also "mingled" these proceeds of crime with the funds of the Delhi government.
It has been alleged that the 'South Group' of politicians and liquor businessmen gave Rs 100 crore worth of kickbacks to gain a favourable position in the Delhi excise policy for 2021-22 and out of these funds, Rs 45 crore was sent for the AAP campaign in Goa during the 2022 assembly polls. "The AAP kept the expenses made out of the proceeds of crime of Rs 45 crore out of the books and did not disclose the same to the Election Commission of India," it said.
(With inputs from PTI)