The Enforcement Directorate, which arrested Chief Minister Arvind Kejriwal on March 21 in the Delhi Excise Policy case, told the Supreme Court on Friday that it had discovered direct, private conversations between Kejriwal and a hawala operator. ED alleged without naming the hawala operator. To this, Kejriwal’s lawyer asked, “Is the company withholding this information to affect the outcome till date?”
A bench comprising Justices Sanjiv Khanna and Dibangar Dutta deferred judgment on Kejriwal’s plea challenging his arrest by the Enforcement Directorate. The agency is investigating allegations of money laundering related to the Delhi Excise Policy case.
It said that we have unearthed direct, private conversations between Arvind Kejriwal and the hawala operator. “What is the meaning of your (ED) chart (provided to the court outlining the agency’s submissions) after the Manish Sisodia judgment on which you have relied,” he replied to Justice Khanna’s question.
Senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, objected to Raju’s comment, saying, “Who is this for? Court or media?”. Raju said this justified the agency’s stand as to why Kejriwal should be arrested.
Singhvi’s intervention also drew comments from Solicitor General Tushar Mehta, who said, “We are not in a press conference, we are addressing the court.” Singhvi said, “Did he withhold this information till today to prejudice the result? This is not the lawyer’s role.
Kejriwal was arrested in March and the public prosecutor said this as the investigation was nearing completion. “Your Lordships will not be prejudiced in this manner by counsel… This is harassment. Very unfair. You have to maintain a reasonable standard,” he said.
“To create suspicion at the last minute, to suddenly change your Lordship… this is not fair… to talk like this in the last few minutes.. was not there on the basis of arrest, did not argue till 4.30. (Evening) Friday. Is this fair?” Singhvi asked.
“We have arrested the hawala operator now…” Mehta said.
“It is very convenient to arrest the hawala operator at 4.30 on Friday and tell the court… It seems that my friend was hiding evidence from March till today,” Singhvi said.
Justice Dutta said, “Then the law would have read like this… any person is guilty of an offense by virtue of the material in his possession. Why these words? The Legislature should not waste words”.
Raju said giving such an explanation means that someone is guilty at the time of arrest. “That’s the standard that should be applied at the sentencing stage,” he said.
Responding to Raju’s submissions, Singhvi said that the ED had ignored nine reasonable statements of witnesses but had given importance to one statement that sought to incriminate Kejriwal.
Regarding the alleged receipt of money by the Aam Aadmi Party through hawala, Singhvi said, “There is no substance in the evidence for the arrest”. Kejriwal’s allegation of demanding Rs 100 crore bribe, if true, should have made the Chief Minister an accused under the Prevention of Corruption Act.
