Why did the Delhi High Court uphold Arvind Kejriwal’s arrest in excise policy case? | Explained

Arvind Kejriwal ED case: The Hindu decodes the key takeaways from the High Court’s ruling dismissing the AAP supremo’s plea challenging his arrest by the Enforcement Directorate

The Delhi High Court on Tuesday dismissed Delhi Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate (ED) in a money laundering case related to the alleged Delhi excise policy scam.

Justice Swarana Kanta Sharma while pronouncing the verdict said that the AAP supremo was actively involved in the concealment of proceeds of crime, as per evidence advanced by the ED. She also recorded a prima facie finding that there was adequate material, including statements of approvers, involvement of middlemen and references that cash was handed over for expenditure in the 2022 Goa assembly elections.

On Wednesday, the Chief Minister appealed to the Supreme Court against the High Court’s ruling. While mentioning the plea for urgent listing before Chief Justice of India (CJI) D.Y. Chandrachud, senior advocate A.M. Singhvi appearing on behalf of Mr. Kejriwal said that the impugned ruling was passed on the basis of “unrelied documents” which were suppressed from him. In response, the Chief Justice assured that he would look into the plea on an immediate basis.

Here are the key takeaways from the High Court’s verdict.

ED’s evidence reveals that proceeds of crime was utilised by AAP in Goa elections

Addressing arguments advanced on behalf of Mr. Kejriwal that the ED does not contain sufficient evidence to justify his arrest under Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA), the Court pointed out that the ED has relied upon a host of statements given by approvers and witnesses which prima facie reveal that Mr. Vijay Nair, former AAP communications in-charge, had received kickbacks to the tune of ₹100 crore from the “South Liquor Lobby” on behalf of the Chief Minister. The liquor lobby refers to a group of influential persons from South India who purportedly secured undue favours to establish wholesale businesses and paid the political party ₹100 crore in return. 

“Therefore, it emerges from the records produced before this Court, i.e., the statements of witnesses recorded by the Directorate of Enforcement, including the hawala operators as well as survey workers, area managers, assembly managers etc. engaged by the Aam Aadmi Party, corroborated with CDR analysis and material seized during IT raids, that amount of ₹45 crores which is allegedly the proceeds of crime in this case, was utilised by the Aam Aadmi Party in the Goa Elections 2024,” Justice Sharma reasoned.