Delhi Excise Policy Case: ED Opposes Arvind Kejriwal's Plea Against Arrest, Cites Evidence

Delhi Excise Policy Case: ED Opposes Arvind Kejriwal's Plea Against Arrest, Cites Evidence



Enforcement Directorate's Affidavit:


The Enforcement Directorate (ED) has filed an affidavit opposing Delhi Chief Minister Arvind Kejriwal's plea against his arrest. Alleging non-cooperation, the agency stated that Kejriwal avoided interrogation despite multiple summons, further exacerbating the necessity of his arrest. The ED underscored instances where Kejriwal allegedly failed to appear before the investigating officer despite being summoned nine times.


Kejriwal's Conduct and Evidence:


In its affidavit, the ED contends that Kejriwal's conduct significantly contributed to the grounds for his arrest, alongside the material evidence gathered during the investigation. Additionally, the agency highlighted instances where crucial evidence, including data from approximately 170 mobile phones, was allegedly destroyed by individuals involved in the scam.


Recovery of Key Evidence:


Despite the extensive destruction of evidence, the ED claims to have recovered key evidence directly linking Kejriwal to activities related to the proceeds of crime. The affidavit also pointed out instances where Kejriwal allegedly refused to provide passwords to his mobile phones during searches and custody, and gave evasive answers during questioning.


Bonafide Arrest and Legal Principles:


The agency emphasized that Kejriwal's arrest was bona fide and not motivated by extraneous reasons. It argued that treating a politician differently in matters of arrest would violate the principle of equality enshrined in Article 14 of the Constitution. The investigation into the liquor scam, the affidavit stated, must be viewed in the context of large-scale destruction of evidence.


Kejriwal's Appeal and High Court Dismissal:


Kejriwal's appeal to the apex court challenges his arrest and subsequent remand in the excise policy case, contending that it was motivated by extraneous considerations. However, the Delhi High Court had earlier dismissed his plea, citing his non-cooperation with ED summons over six months.


Case Significance and Legal Framework:


The case underscores the legal framework surrounding arrests and investigations, particularly in cases of alleged financial irregularities, and the obligations of individuals under investigation to cooperate with law enforcement agencies.

Location: Pune, Maharashtra, India

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