New Delhi, India
In a major setback to the Aam Aadmi Party (AAP), the Delhi High Court on Tuesday (Apr 9) dismissed Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate (ED) in the Excise Policy money laundering case. Kejriwal is in judicial custody till April 15.
Reacting to the order, AAP sources told the news agency ANI that the party does not agree with the decision of the Delhi HC and the chief minister will go to the Supreme Court against the HC's decision. Kejriwal can go to the Supreme Court on Wednesday itself.
Meanwhile, the Bharatiya Janata Party (BJP) took a jibe at Kejriwal with MP Manoj Tiwari saying, "A criminal is a criminal." In a post on social media, Tiwari wrote, "Everyone in the country has to follow the laws of India. Today Hon'ble Court order has shown the mirror to AAP's gang leader, evidence collected by ED shows that the kingpin is Arvind Kejriwal. AAP stands exposed."
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Material collected by ED shows Kejriwal conspired, used proceeds of crime: HC
In the verdict, Justice Swarana Kanta Sharma said that the material collected by the ED revealed that Kejriwal conspired and was involved in the formulation of excise policy and used proceeds of crime.
Justice Sharma said this Court does not consider the issues of political parties, but of investigating agencies.
The court said that Kejriwal is allegedly involved in a personal capacity in the formulation of policy and demanding kickbacks and secondly in the capacity of national convenor of the AAP.
The order also said that to cast doubt on the manner of recording the statement of the approver would amount to casting aspersions on the Court and judge. This is not the first case or last case where the approver has been made.
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HC added that the law of approver is over 100 years old and not one year old. It cannot be suggested that it was enacted to implicate the present petitioner.
On the question of non-supply of documents and earlier statements (of approvers), the court said, "You're entitled to inspect documents at the appropriate stage of trial. However, this is not the stage."
"Who gives tickets for contesting election or who purchases electoral bonds is not the concern of the court," the court said.
Kejriwal's argument that he could have been questioned by ED through video conferencing was also rejected by the high court.
"It is not for the accused to decide how the investigation is to be done. It cannot be as per the convenience of the accused. This court won't set two sets of laws - one for the commons and the other for the public servants," the court said.
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What's the excise policy case all about?
The liquor policy case pertains to alleged corruption and money laundering in formulating and executing the Delhi government's excise policy.
The Delhi government had implemented the policy on November 17, 2021. But it was scrapped at the end of September 2022. Corruption allegations were levelled against the party, which AAP denies.
The investigating agencies have said that the profit margins of wholesalers were increased from 5 per cent to 12 per cent under the new policy.
The agencies have alleged that the new policy resulted in cartelisation and those ineligible for liquor licences were favoured for monetary benefits.
(With inputs from agencies)