Aam Aadmi Celebration nationwide convener and Delhi chief minister Arvind Kejriwal has refuted allegations levelled by the Enforcement Directorate (ED) within the Supreme Courtroom saying that the ED’s reply leaves no method of doubt that the company has acted in a most high-handed method in a gross affront to the due means of regulation. ED’s claims are bogus, primarily based on blatant falsehoods and don’t have any floor, he mentioned. The current case is a basic case of how the ruling party-led central authorities has misused the central company, Enforcement Directorate, and its broad powers below PMLA to crush its greatest political opponent Aam Aadmi Celebration and its leaders, mentioned the CM.
In his rejoinder to the Supreme Courtroom, Arvind Kejriwal highlighted that his arrest by the ED relied solely on the statements of 4 accused turned witnesses with direct hyperlinks to and advantages from the BJP. As an illustration, Magunta Sreenivasulu Reddy, who obtained an NDA Lok Sabha ticket, gave a press release to facilitate the bail of his son, Raghav Reddy. One other approver, P Sarath Reddy, despatched ₹60 crore to the BJP’s account by means of electoral bonds to safe his personal bail. A 3rd particular person, Satya Vijay Naik, who fought the 2022 Goa meeting elections on an AAP ticket, is carefully related to Goa CM Pramod Sawant and fought on BJP ticket in 2012 and 2017. One other accused turned approver was a detailed aide of former BJP CM, Manohar Parrikar. Thus, all 4 incriminating statements are from individuals carefully linked to the BJP.
Arvind Kejriwal’s rejoinder earlier than the Supreme Courtroom reads, “A cumulative studying of the ED’s stand in its reply would expose the bogey and blatant falsehood within the conduct of its proceedings. The file would reveal that every summons which were issued to Shri Arvind Kejriwal have been duly responded. Within the prompt case, the ED has not solely been opaque and dictatorial in its strategy but additionally responsible of suggestio falsi (suggesting falsehood) & suppressio veri (suppressing fact).”
The reply states that all the foundation of Arvind Kejriwal’s arrest rests upon sure statements that are within the nature of self-incriminating confessions by alleged accomplices who’ve been given immunity by the use of pardon, and so forth. These alleged incriminating evidences are subsequently obtained below an association with none corroborative proof. AAP nationwide convener Arvind Kejriwal’s arrest constitutes an unprecedented assault on the tenets of democracy primarily based on ‘free and honest elections’ and ‘federalism’ each of which kind vital constituents of the fundamental construction of the Structure. The ED abused its energy of arrest in the course of the final election and whereas counting on the identical materials as was in possession months earlier than its arrest. In such circumstances, the case of Arvind Kejriwal is “peculiar and grave” and warrants “pressing intervention of this courtroom” to guard the life and liberty of a person.
Refuting the ED’s claims of statements relied upon within the grounds of arrest, Arvind Kejriwal’s rejoinder reads, “The statements ED is closely counting on usually are not of the approvers however that of co-accused individuals who have been made to offer statements previous to such grant of pardon. As per Magunta Sreenivasulu Reddy’s (MSR) personal assertion below Part 50 PMLA dated 24.03.2023- on 03.03.2021, MSR sought an appointment from CM Workplace, Delhi saying that he was a member of Parliament and wished to be a pay courtesy name on Delhi Chief Minister. He sought an instantaneous assembly and was given the time for 16.03.2021. On 16.03.2021 he got here to the CM workplace at 4:30 PM, he was issued a go and was escorted respectfully to the CM Workplace. On this assembly, MSR requested for a bit of land to arrange a charitable belief for his household in Delhi. The Chief Minister knowledgeable him that land didn’t come below the jurisdiction of the elected authorities of Delhi and was inside the jurisdiction of LG of Delhi. Due to this fact, the Chief Minister won’t be able to allot the land to him. Nonetheless, MSR might write a letter to the Chief Minister and the Chief Minister would ahead the identical to the workplace of LG.”
“On 16.09.2022, MSR’s home was raided by ED and in his assertion dated 16.09.2022, MSR didn’t allege something in opposition to Shri Arvind Kejriwal. This assertion is put within the checklist of un-relied upon paperwork and isn’t produced earlier than both the courtroom or accused individuals. Subsequently his son Raghav Magunta was arrested by ED on 11.02.2023. On 24.03.2023, MSR once more gave a press release below Part 50 of the PMLA whereby he confirmed that in his assembly with the Chief Minister on 16.03.2023, he sought land for his charitable belief. 5 months down the road as a consequence of his son’s continued incarceration, father broke down, and couldn’t settle for his son’s continued incarceration. Due to this fact, to be able to safe no objection from ED for his son’s bail, on 16.07.2023 and 17.07.2023, MSR gave a press release on the asking of the ED looking for to implicate Shri Arvind Kejriwal herein contradicting his earlier assertion. In the future after MSR’s assertion dated 17.07.2023, on 18.07.2023, his son Raghav Magunta was granted interim bail on well being grounds with no-objections from ED. On 03.10.2023, MSR’s son Raghav Magunta was granted pardon,” the rejoinder states.
Arvind Kejriwal’s rejoinder additional reads, “Belated and contradictory assertion of MSR is nothing however a press release given on coercion and strain exerted by the ED. The mentioned subsequent assertion can also be made in change of his and his son’s liberty. Therefore, it’s clear that ED’s solely goal to taking motion in opposition to MSR and his son was to pressurize and coerce them to falsely implicate Shri Arvind Kejriwal. Until the time a press release in opposition to the Chief Minister was not made, ED saved taking their statements whereas additionally objecting to the bail of Raghav Magunta. Nonetheless, as quickly as a press release implicating Shri Arvind Kejriwal was made, MSR’s son was launched on bail. That is nothing however a fabrication of proof and extorting statements by abuse of powers granted below Part 19, 50 and 45 of the PMLA. That MSR has now joined TDP and is contesting the current Lok Sabha elections on its ticket. The TDP is in alliance with BJP for the current common elections and is part of NDA.”
“On 16.09.2022, P. Sarath Chandra Reddy was raided by the ED and his assertion was recorded. No allegations in opposition to Shri Arvind Kejriwal have been made. Nonetheless, the ED hid this assertion from the courtroom and accused individuals. On 26.10.2022 and 09.11.2022, Sarath Reddy’s statements have been once more recorded, with no allegations in opposition to Kejriwal. Regardless of this, he was arrested on 10.11.2022. After failing to safe bail, Sarath Reddy implicated Shri Arvind Kejriwal in statements dated 25.04.2023 and 29.04.2023. He was granted bail on 08.05.2023 for medical causes and pardoned on 29.05.2023. Out of 13 statements by PSR, solely two implicated Shri Arvind Kejriwal, fabricated by the ED,” the petition talked about. It’s now clearly established from information on electoral bonds that Sarath Chandra Reddy’s corporations donated a complete of Rs 60 crore to the BJP, Rs 55 crore of which was donated after his arrest on 10.11.2022.
Arvind Kejriwal’s rejoinder mentions that the ED has referred to sure statements of sure individuals engaged in election campaign-related actions of AAP in Goa. That none of such statements or the main points of the mentioned individuals or the content material of what they’ve acknowledged is relied upon and even talked about within the grounds of arrest of Arvind Kejriwal. Therefore it’s implicit and obvious that none of such statements are of any significance or relevance and positively not of such sterling nature in order to justify an arrest of the sitting Chief Minister of GNCTD. The grounds of arrest point out that one candidate of AAP for the Goa elections has obtained bills in money from an AAP volunteer in Goa. That such a press release doesn’t in any method with none particular particulars or any particular allegations make out a case in opposition to the nationwide convener of a nationwide political get together. The AAP candidate in query occurs to be one Satya Vijay Naik who’s carefully related to Goa CM Pramod Sawant and had earlier fought the 2012 and 2017 Goa elections on a BJP ticket.
“There isn’t a element, no correlation, no involvement of Shri Arvind Kejriwal proven to have existed for fee of 37 offences below Part 3 on the idea of such assertion. No proof of even any money cost was given. There exists no proof or materials demonstrating that the AAP obtained funds or superior kickbacks from the South group, not to mention utilising them within the Goa election marketing campaign. Not a single rupee was traced again to the AAP, and the allegations put forth on this regard are devoid of any tangible proof, rendering them obscure, baseless with none corroboration. There isn’t a hyperlink in any way established by ED to assert that an quantity of ₹45 Crores was transferred by South group as superior kickback which was then utilized by AAP in Goa elections,” the rejoinder reads.
“Few self-serving statements of hawala sellers about alleged money switch with none corroboration or hyperlink with the information of the current case doesn’t set up any case below the PMLA to justify the arrest of Shri Arvind Kejriwal in the course of the final elections 2024. There’s completely no proof that an quantity of ₹45 crore which allegedly got here from South Group was utilized by AAP in Goa election. There isn’t a assertion or proof to show the identical. Furthermore, ED has randomly and vaguely with none particular hyperlink of money funds with the scheduled offences- referred to sure money funds made in Goa. That such an allegation is on the face of it liable to be rejected because it doesn’t represent any offence below Part 3 PMLA,” it reads.
The CM acknowledged that the bottom of arrest alleges that Arvind Kejriwal generated proceeds of crime to the tune of ₹45 crore. There isn’t a materials to indicate the involvement within the course of or exercise associated to POC – be it one in every of concealment, possession, acquisition, use of proceeds of crime as a lot as projecting it as untainted property or claiming it to be so. There isn’t a proof that the get together obtained any funds from South Group which is then utilised in Goa. The ED in its counter affidavit filed earlier than the Excessive Courtroom has already admitted that Arvind Kejriwal was not concerned in dealing with the switch of any quantities. The identical particular floor on the identical materials – in relation to the mentioned proceeds of crime amounting to ₹45 crore was raised by Manish Sisodia additionally and the identical was additionally rejected by the Supreme Courtroom in its judgment whereas holding that there isn’t any particular allegation of involvement of Manish Sisodia within the switch of ₹45 crore, likewise there isn’t any particular allegation or act which is being alleged by ED in opposition to Arvind Kejriwal and subsequently, there isn’t any offence which is made out below Part 3 PMLA.
It mentions that even supposing Arvind Kejriwal had himself made the submissions earlier than the courtroom, he was prepared and keen to cooperate with the Investigating Company and has no objection if the custody remand is prolonged additional, as the sooner order of remand together with the motion of arrest had already been challenged earlier than the Excessive Courtroom of Delhi. Certainly not might an inference be drawn that Arvind Kejriwal had deserted his rights whereas, quite the opposite, Arvind Kejriwal had challenged the unlawful motion of arrest and mechanical order of remand earlier than the Excessive Courtroom with none lapse of time.
Arvind Kejriwal’s rejoinder highlights that whereas claiming its supremacy and absolute “contact me not angle” within the discipline of purported investigations, what the ED forgets is that it has by no means claimed that the summons have been issued to an accused who didn’t obey. It additionally forgets that Part 19 doesn’t validate an arrest merely on account of alleged non-cooperation. What’s the alleged non-cooperation, has by no means been spelt out by the ED. What was the requirement in not calling Arvind Kejriwal both by means of an authorised agent or looking for info or paperwork from him in writing or by means of a digital mode and insisting on his presence bodily in particular person?
“The ED has categorically acknowledged of their reply filed in these proceedings, that Shri Arvind Kejriwal isn’t named as an accused within the ECIR; neither is he named as an accused within the scheduled offence registered by the CBI, which is the muse of the proceedings within the ECIR. The facility to arrest within the current case is a evident abuse of the due means of regulation in addition to the process established. ED’s strategy utterly negates the fundamental tenets and basis ideas of legal jurisprudence i.e. honest investigation, honest trial and rule of regulation,” the rejoinder mentions.
Refuting the ED’s claims of large-scale destruction of proof, Arvind Kejriwal’s rejoinder reads, “There’s not even a single averment alleging the destruction of proof of any sort by Shri Arvind Kejriwal and therefore the mentioned floor is devoid of any benefit. Furthermore, the Respondent being devoid of any cogent purpose, is now elevating frivolous and fictitious grounds for justifying the unlawful arrest of the Shri Arvind Kejriwal.”
The rejoinder emphasises that the ED’s claims that it’s effectively inside its rights to negate all primary foundational ideas of the legal justice system together with honest investigation, honest trial, rule of regulation, and responsibility of prosecutor to put earlier than the courtroom all proof in the hunt for one goal i.e. fact, to be all redundant and a useless letter. The blatant high-handedness, arbitrariness and the dictatorial strategy of ED in violating the life and liberty of a person with out following the due means of regulation. The file reveals that to each summons, Arvind Kejriwal has given a complete reply and raised pertinent points which haven’t been responded to and ED has maintained an eerie silence.
“The ED illegally ‘picked up’ a sitting Chief Minister and the Nationwide Convenor of one of many 6 nationwide Opposition events in India on 21.03.2024, that’s, 5 days after the Normal Elections have been known as and the Mannequin Code of Conduct was put in place. Shri Arvind Kejriwal’s political get together is in direct opposition to the ruling political get together on the Centre within the on-going Normal Elections and voting has already commenced from 17.04.2024. Throughout an election cycle when political exercise is at its highest, Shri Arvind Kejriwal’s unlawful arrest has induced grave prejudice to Shri Arvind Kejriwal’s political get together, and can present the ruling get together on the Centre an unjust higher hand within the on-going elections. A stage enjoying field- which is a pre-requisite for ‘free and honest elections’- has clearly been compromised with the unlawful arrest of Shri Arvind Kejriwal,” the rejoinder mentions.
Refuting ED’s cherry-picking of statements of approvers, the rejoinder reads, “It’s the investigating officer’s discretion as to what assertion to depend on and what to not reply on and the Respondent goes on to time period the investigating officer because the “Grasp of the Temporary”. That such a press release on behalf of the ED is nothing in need of being blatant show of abuse of energy and that the identical usually are not conceivable within the eyes of regulation. It’s a settled regulation by this Hon’ble Courtroom that it’s the investigating officer’s responsibility to “unearth the reality” however to not prosecute the accused particular person by cherry-picking a number of statements right here and there. That the IO can’t cherry-pick the statements or the fabric that has been collected throughout the investigation. This strategy would clearly reveal that ED proceeds on the idea that it has a proper to hide paperwork that are within the favour of the accused from the courtroom and the accused. This negates the very precept of honest trial and honest investigation.”
The rejoinder says that this strategy would make the investigating officer the ultimate arbiter of fact and arrest people in such draconian regulation having grave opposed results on private liberty. This strategy additionally prevents the courtroom from exercising its energy of judicial evaluate and means that courts needs to be mute spectators to such blatant and grave violations of private liberty by following procedures unknown to regulation being violative of Article 21 of the Structure of India. ED’s strategy is a blatant show of tyranny and provides an perception into the way it abuses the draconian provisions of PMLA with blatant violations of (a) Proper of life and liberty; (b). Ideas of honest trial and honest investigation; (c) Due means of regulation and (d) Rule of regulation. None of mentioned statements even remotely point out the involvement of Arvind Kejriwal in any actions associated to the fee of predicate offences below Sec. 3 PMLA whether or not it’s concealment, possession, acquisition, or utilisation of proceeds of crime. No offence is made out below PMLA on the idea of such proof to arrest a sitting Chief Minister.
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