ED uses Delhi CM’s statement in HC affidavit against his plea

In its affidavit, the federal agency referred to orders dated March 28 and April 1 passed by a special judge handling the Delhi chief minister’s arrest

The Enforcement Directorate (ED) on Tuesday filed an affidavit in the Delhi high court, opposing chief minister Arvind Kejriwal’s petition against his arrest and detention in relation to alleged irregularities in the excise policy case by using Kejriwal’s statements to a trial court — that he had no objection to a further extension of his remand.

On March 28, the special judge extended Arvind Kejriwal’s ED custody by four days while recording in its order that he is willing to cooperate with the probe, and that “he has no objection if the custody remand is extended further”. (Arvind Yadav/HT Photo)

In its affidavit, the federal agency referred to orders dated March 28 and April 1 passed by a special judge handling Kejriwal’s arrest, that recorded that the chief minister had no objection to the extension of his custody remand, thereby waiving his right to question his custody

On March 28, the special judge extended Kejriwal’s ED custody by four days while recording in its order that he is willing to cooperate with the probe, and that “he has no objection if the custody remand is extended further”. On April 1, when Kejriwal was sent to Tihar jail until April 15, the special judge order noted his lawyer’s statement having no objection to ED’s plea seeking his judicial custody.

“In light of the above submission made by the petitioner before the special court… the petitioner has waived his right to question his custody as on today and the petitioner cannot now be allowed to argue that his custody as on today is illegal... Present petition is liable to be dismissed on this ground alone,” ED contended in its affidavit.

The affidavit will come up before the bench of justice Swarana Kanta Sharma on April 3.

Kejriwal, the Aam Aadmi Party (AAP) national convener, was arrested by ED on March 21 in connection with a money laundering probe pertaining to alleged irregularities in the Delhi excise policy 2021-22. A day after his arrest, the chief minister was sent to ED custody for six days, and on March 23, he approached the high court, claiming that his arrest violated his fundamental rights.

However, the AAP convener was unable to get instant relief from the high court on March 27, as the bench only issued notice in his plea, emphasising the need for a response from ED to address the legal and valid issues raised.

Submitting its affidavit on Tuesday, ED reproduced the allegations contained in its two remand applications moved before the special judge on March 22 and Match 28, wherein the federal agency called the Kejriwal the “kingpin” and “key conspirator” in the alleged irregularities.

The agency urged the court to dismiss Kejriwal’s plea, arguing that he was liable to be prosecuted for the offenses committed by the AAP, as he controlled the party’s major activities and decision-making processes. The ED also emphasised its authority under the Prevention of Money Laundering Act (PMLA) to conduct further investigations, regardless of whether Kejriwal was named in the initial prosecution complaints.

Regarding Vijay Nair’s involvement, who allegedly acted as a middleman on behalf of top AAP leaders, including Kejriwal, the affidavit stated that he played a role in securing bribes from various stakeholders in the Delhi liquor business. The affidavit claimed that Nair allegedly threatened stakeholders who did not comply with his demands, indicating his influence in the matter.