NEW DELHI: The Enforcement Directorate (ED) on Tuesday filed its reply in the Delhi High Court against Chief Minister Arvind Kejriwal’s plea challenging his arrest and custody in connection with the excise policy case.
In its reply, the probe agency said that Kejriwal, at this stage, has “waived his right” to question his custody and should not be allowed to argue that his custody is illegal.
For the aforesaid argument -- “waived his right”, the ED cited two reasons -- one that Kejriwal was remanded to ED’s custody vide a “well-reasoned and detailed remand order” and he made the submissions before the court that he was ready and willing to co-operate with the investigating agency.
The second reason, the ED gave, was that the chief minister was remanded to judicial custody on April 1 and the accused’s (Kejriwal) counsel “did not oppose the prayer of the ED” seeking the CM’s judicial custody remand.
Further in its reply, the ED called Kejriwal’s arrest legal and said that it maintained all procedural requirements of Section 16 of the Prevention of Money Laundering Act. It said Article 22 of the Constitution had also been strictly complied with.
“The arrest was made following all procedures prescribed under the law in the presence of two independent witnesses who have signed the arrest memo, arrest order, intimation of arrest, inventory of personal search memo,” the document read.
The AAP convener was arrested on March 21 by the ED in connection with the Delhi excise policy case after which he filed a petition with the high court, seeking an urgent hearing challenging his arrest.
On March 27, Justice Swarana Kanta Sharma, hearing Kejriwal’s plea contending that his arrest and the remand order passed by a trial court were illegal and that he was entitled to be released from custody immediately, said that the probe agency has to be granted an opportunity to file a reply.
The ED has now filed its reply, just a day before the matter is scheduled to be heard.
The probe agency, in its affidavit, has once again said that while examining the money trail in the excise policy case, they have identified multiple routes through which the money was transferred.
The ED has termed Chief Minister Kejriwal the “kingpin and the key conspirator” of the alleged excise policy scam in collusion with other ministers of the Delhi government, AAP leaders, and other persons.
‘Did not oppose the prayer of probe agency’
The ED said that Chief Minister Arvind Kejriwal was remanded to judicial custody on April 1 and the accused’s (Kejriwal) counsel “did not oppose the prayer of the ED” seeking the CM’s judicial custody remand. Further in its reply, the ED called Kejriwal’s arrest legal and said that it maintained all procedural requirements of Section 16 of the Prevention of Money Laundering Act. It said Article 22 of the Constitution had also been strictly complied with.
