The Supreme Court on Tuesday concluded hearing in the interim bail plea of Delhi Chief Minister Arvind Kejriwal in the excise policy-linked money laundering case. The apex court told the AAP chief that if it grants him interim bail, then he won’t be allowed to perform his CM duties.
“If we grant you interim bail, we are clear that we won’t let you perform your duties as Chief Minister,” the SC bench comprising Justices Sanjiv Khanna and Dipankar Datta said.
The Aam Aadmi Party national convenor was arrested by the anti-corruption agency on March 21, in connection with a money laundering case linked to the now-scrapped Delhi excise policy.
‘Rs 100 crore cash transferred by Hawala routes’: ED Tells SC
Additional Solicitor General SV Raju, appearing for anti-corruption agency, told the court that 176 phones have been destroyed and cash has been sent to Hawala operators.
“Cash transactions for Rs 100 crores were transferred by hawala routes and spent in other states,” ASG Raju said.
Justice Khanna said Rs 100 crore was “proceeds of crime”, asking how it became Rs 1,100 crores in two or three years. “That will be a phenomenal rate of return!” Justice Khanna said.
ASG Raju specified that the wholesaler profit is Rs 590 crore. The top court responded saying that the difference was of about Rs 338 crores, adding that the entire amount “cannot be proceeds of crime”.
“The time when we began investigation, it was not directed towards him (Kejriwal), in later stages, when we got evidence, then only the probe shifted in that direction,” ASG Raju told the SC.
The federal agency’s representative presented statements of several approvers before the top court.
The apex court bench asked the ED to produce case files before. “The first two volumes…we want to see officer notings one before Sarath Reddy’s arrest and one till his statement under CrPC Section 164. And one before Manish Sisodia was arrested and the one after,” Justice Khanna said.
The top court bench told the anti-corruption agency that it needs to see “what happened to the investigation from one stage to the other”. “The issue before us is very limited and it is compliance of Section 19, we need to see what is the nature of enquiry,” it said.
ASG Raju, clarifying the agency’s stance, said, “It is not as if the case is politically motivated, ED is not concerned with politics.”
ASG Raju said that there is proof of Kejriwal staying at a 7-star hotel in Goa during election, adding that the bill was accounted for by Charanpreet Singh of Chariot Enterprises. Notably, Singh has also been arrested.
The top court asked the ED on why it took so much time for the investigation. ASG Raju responded saying, “It’s prerogative of the investigation agency.”
“If I start asking about Kejriwal at the outset, it would have been called malafide. It takes time to understand. we can’t put it overnight. Things have to be confirmed,” ASG Raju said.
The ASG specified that Kejriwal’s name was first mentioned in Buchibabu’s statement in February, 2023.
Raju told the top court that an impression is being created that C Arvind — former PS to Manish Sisodia — named Kejriwal. He had just said that a meeting took place in the Delhi CM’s presence, Raju added.
Justice Khanna responded saying, “Let me put it this way, in this case, you have to be front-footed, because you are the one who has passed under Section 19.”
“Your defense is non-reference to this earlier statement which is of no consequence in my grounds to believe because, those statements are not relevant so far as petitioner is concerned,” Justice Khanna said.
Considering If Exception If Required: SC
Justice Khanna said that the SC is not going by whether Kejriwal is a politician or not. “Every individual would have some special or exceptional circumstances. We are considering whether exception is required in view of elections,” he said.
‘At the time of remand, the onus is on you’: SC tells ED
The ED’s counsel, ASG Raju, presented before the court, the statements of Manguta S Reddy.
The ED told the court that “one need not assume whatever witness tells IO is, he may mislead the investigating agency”. Therefore, ASG Raju said, “investigation need not go in a way that we go to accused first, there could be many hurdles before that.”
The top court asked the ED whether it wants to go through Buchibabu’s statement. Asking “He was arrested by you?” ASG responded saying that he was not arrested.
Solicitor General Tushar Mehta noted that Buchibabu had to show in bail, adding that he is putting it on the ED.
“At the time of remand, onus is on you. At the time of bail, it’s on him. He says you have not discharged burden,” Justice Khanna responded.
Justice Khanna said that the legislature assumed that somebody may violate Section 19.
Responding to the apex court, ASG Raju said, “It isn’t necessary for me to say in reasons to believe that I have considered all material. In this case, I have considered everything.”
The ED’s counsel specified “what Section 19 contemplates”, saying that the material must show “person guilty of offense”. “That is the only material required to be reflected in reasons to believe,” he added.
‘Kejriwal chooses to not cooperate’: SG Mehta
ASG Raju told the top court that there is no distinction between an offence punishable over 7 years and PMLA (Prevention of Money Laundering Act).
Justice Khanna said, “They can certainly apply for bail, that right is there with them, but they will have to satisfy Section 45.”
SG Tushar Mehta said, “There cannot be any deviation because he is a chief minister, there cannot be an exemption that can be carved out for him.”
Mehta argued that Kejriwal was called by the ED six months ago, however, he “went for meditation, then made some other excuse”. He wasted six months, Mehta said, adding that “he might not have been arrested”.
“He chooses not to cooperate,” SG Mehta added.
SG Mehta asked the apex court to consider that the situation here, pertains to the national capital, “whose chief minister has been evading arrest for six months and now comes and says he wants to campaign”.
“This would send a very wrong message and demoralise the common people that if you are powerful, you will enjoy the luxury,” Mehta said.
Only Kejriwal Is CM Without Portfolios, Says SG Tushar Mehta
SG Tushar Mehta said that even in the absence of CM Arvind Kejriwal, the administration is going on. “CM of Delhi is the only CM who does not hold the portfolio, he does not sign any file.”
“Even the Prime Minister signs files and this includes the ministries,” the Solicitor General noted.
Justice Khanna questioned the ED, “how do you carve out an exception for your case?” The top court bench asked the federal agency to “not go on merits now”.
You are not granting bail to a ‘CM’: Abhishek Singhvi
Representing the AAP chief, Advocate Abhishek Manu Singhvi told the SC, “you are not granting bail to a ‘CM’, this is the caricature of my argument. He is not a habitual offender.”
“Democracy is a part of basic structure, free and fair elections is a part of democracy…is the person a threat to the society,” Singhvi said.
‘Won’t let you perform CM duties if we grant interim bail’: SC
“Suppose we release you and you are allowed to participate in elections, you will be performing official duties, it can have cascading efforts,” the top court told Kejriwal’s counsel.
“If we grant you interim bail, we are clear that we won’t let you perform your duties as Chief Minister,” the SC bench said.
The top court told Singhvi that it thought of releasing Kejriwal on interim bail on the elections issue, “else there wouldn’t have been a question”.
SG Mehta requested the top court to “not earmark political leaders as exceptional class”. “The Balloon that is created is that I am being picked up before the election,” Kejriwal’s counsel said.
What happened in the previous hearing?
Earlier on May 3, the apex court hinted at the possibility of it considering the question of interim bail for Kejriwal because of the elections.
Justice Khanna had asked the Enforcement Directorate to be ready for the possibility of interim bail for the Delhi Chief Minister.
However, it cautioned the lawyers that the Court is just being open about it.
“Do not assume anything. Do not read anything into it. We are not saying anything either way…The Court is just being open about what is in its mind. It does not want to catch the parties by surprise. It may or may not grant interim bail, but is ready to consider the possibility,” Justice Khanna had said.
Polling for the national capital’s seven Lok Sabha seats is scheduled for May 25.
When Was Arvind Kejriwal Arrested?
The federal agency arrested the Delhi CM on March 21 in the excise policy scam. He faces allegations of direct involvement in a conspiracy related to the formulation of excise policy favouring specific individuals.
He is also accused of soliciting kickbacks from liquor businessmen in exchange for favours, as claimed by the probe agency.
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