Cm Used His Position To Facilitate Offence Of Money Laundering: Ed | Delhi News - Times of India

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NEW DELHI: Terming Arvind Kejriwal as a kingpin and key conspirator of Delhi excise 'scam',

Enforcement Directorate

told the Supreme Court that he had demanded kickbacks for changing the policy to benefit a liquor lobby, and used his position as Delhi chief minister to facilitate the offence of

money laundering

.

Opposing Kejriwal's plea challenging his arrest, ED submitted that there was no illegality in taking him into custody for which he was himself to be held responsible as he defied its summons of six months and remained evasive in his response.

It also told the court that law should be same for everyone and Kejriwal should not be extended any extra privilege for being a chief minister. In an affidavit filed in the apex court, the agency refuted the allegation that the arrest was made to time with the election and said that he was arrested only after he failed to get any protection from Delhi High Court after having derailed the probe for six months.

It also said that there had been large-scale destruction of evidence in the case and a total of 170 mobile phones were changed or destroyed by 36 persons.

"Arvind Kejriwal is the kingpin and key conspirator of Delhi

Excise Scam

in collusion with Ministers of Delhi govt, AAP leaders and other persons. He was involved in the conspiracy of formulation of the Excise policy to favour certain persons and also involved in the demanding kickbacks from liquor businessmen in exchange of favours granted in the said policy. Further, he is involved in the use of

proceeds of crime

thus generated in the Goa election campaign of the AAP to which he is the convener and the ultimate decision maker,"

It said that Kejriwal who was "directly involved" in the formulation of the Excise Policy and he had "demanded kickbacks from the South Group in exchange of awarding favours to them in the formulation and implementation of the Excise policy".

"As per the investigation done so far, the proceeds of crime of about Rs 45 cr approx which was part of the bribes received from the South Group was used in the election campaign of AAP in Goa in 2021-22," the affidavit said. It said the AAP is the major beneficiary of the proceeds of crime generated in the Delhi liquor 'scam' and the party has committed the offence of money laundering through Arvind Kejriwal

The affidavit said that as the national convener and member of national executive of AAP, Kejriwal was ultimately responsible for the funds being used in election expenses as he was and is, not only the brain behind the AAP, but also controls its major activities

"Taking advantage of the fact that he was also the CM, he used the said post to facilitate the offence of money laundering by the company that is party and therefore without prejudice to his role and liability for the direct commission of the said offence, he is vicariously liable for the offence committed by the AAP, being the national convener of the party and because of his active involvement in the day to day affairs and the conduct for the business of AAP," the affidavit said

Responding to Kejriwal's allegation on his arrest at election time, the agency said, "The arrest of a person, however high he may be, for the commission of offence based on material, can never violate the concept of free and fair election. If the aforesaid argument is accepted, politicians who are criminals would be granted immunity from arrest on the ground that he is required to canvas in the election. On the contrary, treating a politician differently from an ordinary criminal in a matter of arrest would amount to arbitrary and irrational exercise of power of arrest which would violate the principle of equality."