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.