Delhi excise policy case: ED told Delhi high court that it has WhatsApp chats, hawala operation statements, large amount of income tax data. The Delhi high court on Wednesday reserved its judgement in Delhi CM Arvind Kejriwal’s plea challenging his arrest & remand over his alleged involvement in the capital’s controversial Delhi excise policy. Earlier, the Enforcement Directorate rejected Delhi chief minister Arvind Kejriwal’s allegations of his arrest around the Lok Sabha elections disturbs the ‘level playing field’ and is against the basic structure. During the hearing in the Delhi high court, additional solicitor general (ASG) SV Raju, argued on behalf of ED saying that Kejriwal has “so much influence and has copies of chargesheets, relied and unrelied documents”. Things that the ED said in its argument in the Delhi high court:
1. ASG Raju, appearing for ED, said,”Criminals and under-trials have no business to say that we will commit a crime and will not be arrested because elections are here. This is completely ridiculous. It will give license to criminals to roam around freely. Aam aadmi has to go behind bars if he has committed a crime but because you are a chief minister you can’t be arrested? You will loot the country but no one can touch you because the elections are coming? You say your arrest will infringe on basic structure? What type of basic structure is this?”
2. The ED counsel said that the Delhi chief minister’s plea is being argued if it is a bail application or a quashing petition. Raju said that though some properties have already been attached, the agency is also willing to attach more properties. “But if we attach them there would be allegations that the action was taken during elections.If we don’t do that then they will say where is the proof? So I am in a bit of a dilemma. We are thus in a catch 22 situation,” he added.
3. ED said that investigation against Kejriwal is at a nascent stage. The arguments have been made as if the probe has been completed and chargesheet filed.
4. The ASG told court that it is a clear case (plea challenging ED arrest) of “waiver & acquiescence”. “You (Kejriwal) cannot ride 2 horses at the same time (challenge the remand order & then say please pass the order & I will accept it. He has not challenged the latest order (April 1),” he added.
