New Delhi : Delhi Chief Minister Arvind Kejriwal on Saturday told the Supreme Court that his arrest constitutes an unprecedented assault on the tenets of democracy based on 'free and fair elections' and 'federalism', both of which form significant constituents of the basic structure of the Constitution. He stressed that the Enforcement Directorate (ED) has acted in a "most highhanded manner" in a money-laundering case, in connection with the alleged excise policy scam.
In a rejoinder to the ED's reply affidavit filed on his petition challenging his arrest in the case, Kejriwal said a level playing field- which is a pre-requisite for 'free and fair elections'- has clearly been compromised with his illegal arrest and insisted that he has always cooperated with the investigation.
Kejriwal said that the exact quantum of alleged proceeds of crime was neither identified nor available and it was in the realm of speculation as the expression ‘approximately’ has been employed. The money trail had not been identified prior to arrest and custodial interrogation was sought for that purpose, he added. “There exists no proof or material demonstrating that the AAP received funds or advanced kickbacks from the South group, let alone utilizing them in the Goa election campaign. Not a single rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration”, said Kejriwal’s rejoinder.
He said that during an election cycle when political activity is at its highest, his illegal arrest has caused grave prejudice to Aam Aadmi Party (AAP), and will provide the ruling party at the Centre an unjust upper hand in the ongoing elections.
"The aforementioned tenor, text and contents of the reply leave no manner of doubt that the ED has acted in a most highhanded manner in a gross affront to the due process of law," Kejriwal said.
He said a cumulative reading of the ED’s stand in its reply would expose the bogey and blatant falsehood in the conduct of its proceedings. “The record would reveal that each and every summons that have been issued to the petitioner have been duly responded to while seeking vital details and information which under no circumstances can be claimed to be privileged or confidential by the ED”, said Kejriwal, adding that the ED has been opaque and dictatorial in its approach.
The AAP leader stressed that his plea deserves to be allowed and he is entitled to be released forthwith.
“With utmost respect, the submissions made by ED and the stand taken by ED would render the most cherished fundamental right under Article 21 of the Constitution to be a dead letter and spell a death knell to it”, said Kejriwal, adding that the ED forgets that it has never claimed that the summons were issued to an accused who did not obey.
The ED, in its reply affidavit, had claimed that Kejriwal is the "kingpin and key conspirator" of the excise policy scam and the arrest of a person for an offence based on material can never violate the "concept of free and fair elections".
The ED also claimed that Kejriwal worked in collusion with his ministers and AAP leaders and was also involved in "demanding kickbacks" from liquor businessmen in exchange for favours granted in the policy.
Terming Kejriwal's petition challenging his arrest as "devoid of merit" and liable to be dismissed, the ED had said the material that formed the basis for the satisfaction of the IO for arresting him had been perused by different courts.
Kejriwal’s rejoinder said, “under no circumstances would this court even remotely accept or approve the stand of the ED as it is a grave violation of the due process of law and it tramples upon the foundational principles, spirit as well as essence behind Article 21 and amounts to taking away life and liberty of an individual without authority of law”.
Kejriwal said that the present case is a classic case of how the ruling party led central government has misused the central agency- Enforcement Directorate and its wide powers under PMLA to crush its biggest political opponent -Aam Aadmi Party and its leaders.
He said ED proceeds on the basis that it has a right to conceal documents which are in the favour of the accused from the court and the accused and this negates the very principle of fair trial and fair investigation.
Kejriwal said that the malicious intent of the ED in conducting the investigation is apparent from its deliberate concealment of statements made by co-accused individuals where either no allegations were made or allegations were explicitly denied.
On March 21, the ED arrested Kejriwal after the Delhi High Court refused to grant him protection from coercive action by the federal anti-money laundering agency. He is currently lodged in Tihar jail under judicial custody. The apex court, on April 15, issued a notice to the ED and sought its response to Kejriwal's plea.
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