NEW DELHI: The Enforcement Directorate (ED) opposed Delhi Chief Minister Arvind Kejriwal’s bail plea on Thursday in the money laundering case related to the now-scrapped excise policy, alleging that hawala money was used to finance the Aam Aadmi Party’s (AAP) national convenor’s stay at a 7-star hotel during the 2022 Goa polls.
This comes after a Delhi court extended Kejriwal’s custody till July 3. Appearing on behalf of the ED, ASG Raju on Wednesday informed the court that the Delhi CM stayed in a 7-star hotel named Hyatt during the Goa Assembly elections IN 2022. The cost of the Delhi chief minister’s stay was covered partly in cash and partly by the admin Department of GNCTD. “It was earlier hushed up but we then discovered that the payment was in cash and the same came through hawala. Charanpreet arranged,” he said.
A day earlier, ED had opposed Kejriwal’s bail in the alleged excise scam, claiming the Delhi CM demanded a Rs 100 crore bribe from the South Group for his party. The central probe agency told the court that if the AAP, which has been arrayed as an accused in the case, commits a crime, the person in charge of the party will be held culpable. The ED told the court that when former deputy chief minister Manish Sisodia was made an accused in the case, the AAP was not named as an accused.
“Kejriwal demanded bribe. He asked for bribe of Rs 100 crore. Kejriwal asked for funds for the AAP. Kejriwal demanded kickbacks from South Group. You can’t say he is not guilty of offence. If AAP commits a crime, then every person in charge of the party will be deemed to be guilty,” the ED told Special Judge Niyay Bindu. “Now AAP has been made an accused. Kejriwal is responsible for the conduct (of the party),” it added.
The judge, meanwhile, also extended Kejriwal’s judicial custody after he was produced before the court through video conference on expiry of his judicial custody granted earlier. The counsel appearing for Kejriwal opposed the ED’s application seeking extension of his judicial custody, saying there were no grounds to justify his continued incarceration.
During the arguments on his bail application, Kejriwal’s counsel told the court that the entire case against him rested upon statements. “The statements are of those who have confessed themselves to be guilty. They are not saints here. They are those who are not only tainted but it appears that some were arrested and were given a promise of bail and promise of being granted pardon. Approvers. And there is another category who have not been arrested,” the counsel said.
“Circumstances have to be so intrinsically linked (as to) to lead to the guilt. These statements by tainted persons discredit the case of prosecution. There is no evidence that Rs 100 crore came from South Group. These are all statements. There is no evidence. This is all in the form of statements,” Kejriwal’s counsel said.
According to the ED and the CBI, the South Group is a cartel of politicians, business people and others who lobbied for liquor licences for which they paid bribe to the Delhi’s ruling party. Kejriwal’s lawyer claimed there were contradictions in the statements made by several co-accused. “I won’t be surprised if another statement is recorded to fill the lacunae. This is the process they follow. The investigations are always unending. Whenever they want they implicate anyone. This is the biggest instrument of oppression,” he added.
The counsel said the Supreme Court had granted Kejriwal interim bail after being satisfied that there was no likelihood of him trying to escape justice or influence the investigation or witnesses. He also said Kejriwal has no criminal antecedents. The ED opposed Kejriwal’s application, asserting, “The requirement is not that you don’t have (criminal) antecedents.” “…that I hold a constitutional post is not relevant for grant of bail under PMLA. It may be an additional factor for refusing bail but the only factor which is relevant is whether he is guilty,” the ED counsel said.
