Delhi Court Remands Arvind Kejriwal to 6-Days ED Custody in Liquor Policy Scam

In a significant turn of events, the Delhi Court has remanded Delhi Chief Minister Arvind Kejriwal to the Enforcement Directorate’s (ED) custody for 6 days. The decision came after a detailed hearing where the Additional Solicitor General (ASG) argued for a 10-day remand, highlighting Kejriwal’s alleged key role in a conspiracy surrounding the Excise Policy. According to the ASG, the policy was structured to facilitate bribes and the recoupment of funds for those involved.

Kejriwal will be produced again in Court on 28th March 2023 at 2 PM.

The ED alleged that Kejriwal, described as the “key conspirator” and the “brain behind the party,” was directly involved in the formulation of the policy and in managing the proceeds of crime, particularly in the context of the Goa election campaign.

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It was alleged that Kejriwal was in constant communication with Deputy Chief Minister Manish Sisodia and that they collaborated with intermediaries like Vijay Nair to facilitate kickbacks from the “South Group,” thereby gaining control over Delhi’s liquor business.

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The ASG presented evidence suggesting a sophisticated operation involving over Rs 600 crore, including a significant bribe amount and subsequent profits, much of which was purportedly funneled through hawala transactions to Goa in support of the AAP’s electoral ambitions. The prosecution argued that the AAP, and by extension Kejriwal, benefited from these transactions, holding Kejriwal personally and vicariously liable for the actions undertaken by the party.

In defense, Kejriwal’s legal team, led by Senior Advocates Abhishek Singhvi and Vikram Chaudhari, challenged the necessity and basis of the arrest, arguing that the power to arrest does not automatically justify the need for arrest. They questioned the timing and motivation behind the arrest, especially in the light of upcoming elections, suggesting political motivations could be at play. They also highlighted procedural concerns and argued for the application of judicial discretion in the remand process, urging the court to consider broader democratic principles.

The defense’s argument also touched upon the lack of direct evidence against Kejriwal, criticizing the reliance on approver statements and the pattern of arrests followed by the prosecution. They pointed out inconsistencies and questioned the ED’s approach, emphasizing the need for a more judicious application of the law.

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Despite these arguments, the court ultimately sided with the prosecution, granting a 10-day remand to the ED for further investigation. This development marks a crucial phase in the ongoing probe into the alleged liquor policy scam, with potential implications for political dynamics in Delhi and beyond.

Before this, Kejriwal had withdrawn his petition challenging his arrest by the ED from the Supreme Court.

Senior advocate Abhishek Manu Singhvi, representing Kejriwal, informed the Supreme Court that Kejriwal is withdrawing his petition due to a conflict with the remand proceedings.

After a prolonged struggle, the ED had arrested Kejriwal from his official residence on Thursday night following a nearly 4-hour search operation.

This arrest by the ED in the liquor scam case marks the 16th arrest and is the first instance of a sitting Chief Minister being arrested while in office.

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Kejriwal was arrested just a few hours after the Delhi High Court denied him any relief from punitive actions by the ED.

In a rapidly evolving situation on Thursday, a 10-member team of the ED led by an Additional Director reached his official residence in Civil Lines and conducted a search.

Kejriwal was arrested more than two hours after the ED team arrived at the Chief Minister’s residence. Sources revealed that the ED interrogated Kejriwal for a while before arresting him.

During the raid, some seizures were also made. Additional forces from the Delhi Police, along with personnel from the RAF and CRPF, were deployed around the Chief Minister’s residence during the ED’s operations inside.

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