Delhi’s Chief Executive, Arvind Kejriwal, conveyed to the Supreme Court on the weekend that his apprehension represents an unparalleled onslaught on the principles of democracy founded upon ‘open and equitable elections’ and ‘federalism’, both of which constitute substantial elements of the fundamental framework of the Constitution. He emphasized that the Enforcement Directorate (ED) has acted with extreme arbitrariness in a money-laundering investigation linked to the purported excise policy irregularity.
In response to the ED’s rebuttal affidavit filed regarding his detention in the case, Kejriwal remarked that a balanced playing field – an essential for ‘open and equitable elections’ – has unmistakably been compromised with his unlawful detention, reiterating his continuous cooperation with the probe.
Kejriwal pointed out that the precise amount of alleged illicit gains was neither specified nor available, remaining speculative due to the use of the term ‘approximately’. The financial trail had not been identified before the arrest, and custodial questioning was sought for that purpose, he added. Kejriwal’s counter-argument stated, “There is no evidence or material demonstrating that the AAP received funds or solicited 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 presented in this regard lack tangible evidence, making them nebulous, unfounded, and unverified.”
He highlighted that during a phase of heightened political activity like an election cycle, his unlawful detention has caused significant harm to the Aam Aadmi Party (AAP), granting the ruling party at the Centre an unfair advantage in the ongoing elections.
“The aforementioned tone, text, and substance of the rebuttal leave no doubt that the ED has acted with extreme arbitrariness, blatantly disregarding the due process of law,” Kejriwal asserted.
He contended that a comprehensive analysis of the ED’s stance in its rebuttal would expose the fallacy and blatant falsehood in the conduct of its proceedings. “The records would reveal that each and every summons issued to the petitioner has been duly responded to, while requesting vital details and information which cannot be deemed privileged or confidential by the ED,” Kejriwal added, emphasizing that the ED’s approach has been opaque and authoritarian.
The AAP leader stressed that his plea deserves to be granted, and he is entitled to immediate release.
“With utmost respect, the arguments presented by ED and its position would render the most cherished fundamental right under Article 21 of the Constitution meaningless and sound the death knell for it,” said Kejriwal, adding that the ED forgets that it has never alleged that the summonses were issued to an accused who did not comply.
The ED, in its rebuttal affidavit, alleged that Kejriwal is the “ringleader and primary conspirator” of the excise policy scandal, asserting that the arrest of an individual for an offense based on evidence can never violate the “principle of open and equitable elections”.
The ED also alleged that Kejriwal colluded with his ministers and AAP leaders, also engaging in “soliciting kickbacks” from liquor merchants in exchange for favors granted under the policy.
Referring to Kejriwal’s petition contesting his detention as “devoid of merit” and subject to dismissal, the ED stated that the evidence forming the basis for the Investigating Officer’s satisfaction for his arrest had been reviewed by various courts.
Kejriwal’s rejoinder stated, “This court would never remotely accept or approve the ED’s stance, as it constitutes a serious violation of due process and undermines the fundamental principles, spirit, and essence of Article 21, amounting to deprivation of life and liberty without lawful authority”.
Kejriwal stated that the current case exemplifies how the ruling party-led central government has misused the central agency, the Enforcement Directorate, and its extensive powers under PMLA to suppress its primary political adversary – the Aam Aadmi Party and its leaders.
He argued that the ED operates on the premise that it has the right to withhold documents favorable to the accused from the court and the accused, which contradicts the very principle of a fair trial and investigation.
Kejriwal noted that the malicious intent of the ED in conducting the investigation is evident 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 declined to shield him from coercive action by the federal anti-money laundering agency. He is presently detained 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.