New Delhi: The Supreme Court will pronounce its judgment on Friday on a plea by Delhi chief minister Arvind Kejriwal challenging his arrest by the ED in a money laundering case linked to the liquor policy case.
On May 17, a bench comprising justices Sanjiv Khanna and Dipankar Datta reserved its verdict after hearing senior advocate Abhishek Singhvi, representing Kejriwal, and Additional Solicitor General SV Raju, representing the Enforcement Directorate.
After reserving its verdict, the bench granted liberty to the AAP leader to move the trial court seeking bail. “Arguments heard. Judgment reserved. Notwithstanding the same, and without prejudice to rights and contentions, the appellant can move the trial court for grant of bail in accordance with law,” said the bench.
The bench examined the case files and statements of the witnesses and accused recorded after October 30, 2023, the day senior AAP leader Manish Sisodia's, who is also an accused in the case, bail plea was rejected. Sisodia is an accused in both the corruption and money laundering case linked to the alleged scam.
During the hearing, the Enforcement Directorate had told the Supreme Court that it will file another charge sheet in the Delhi liquor policy case before the trial court, where it will name AAP as an accused. Raju argued that there was evidence of money being sent to AAP through hawala channels. The bench queried if it was mentioned in the "reasons to believe" recorded in writing for the arrest?
The ED’s counsel replied that they have not given it in the reasons to believe and added that these aspects need not be stated in the "reasons to believe". Raju stressed that if the material is supplied to the accused prior to arrest, it might hamper the investigation. Against the backdrop of Section 19 of Prevention of Money Laundering Act, the bench queried Raju that to say that the accused is guilty, the investigating officer must have reasons to believe on the basis of material possession.
In the rejoinder, against the backdrop of ED’s claim regarding hawala transactions, Singhvi argued that there is no iota of material in grounds of arrest. He stressed that the central agency gave weight to one inculpatory statement while ignoring nine exculpatory statements of witnesses.
On March 21, the ED had arrested Kejriwal in the money laundering case. On May 10, the apex court granted interim bail to Kejriwal for campaigning in the Lok Sabha elections. The court had directed him to surrender on June 2 and go back to jail.
The apex court has barred Kejriwal from visiting his office or the Delhi secretariat, and signing official files unless absolutely necessary for obtaining the lieutenant governor's approval.
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