NEW DELHI: In yet another setback to Delhi Chief Minister, Arvind Kejriwal, Delhi High Court on Saturday rejected his fervent plea for urgent listing and hearing of his petition challenging his arrest and custody in the liquor scam case.
The legal team of Aam Aadmi Party (AAP) National Convenor, Kejriwal, mentioned the matter on Saturday, an off day for the Delhi HC, before the Acting Chief Justice of it, Justice Manmohan, who denied to list it for urgent hearing.
As Delhi HC is closed for two days on Monday and Tuesday on account of HOLI vacation and tomorrow being a Sunday, an off day, so it is most likely that Kejriwal's plea for listing and hearing is likely to come up on March 27, Wednesday.
The dismissal of urgent hearing of Kejriwal's plea, has made it clear that at least he has to remain in ED custody till March 27, although, the Rouse Avenue court had remanded him to ED Custody till March 28.
Earlier in the day, the Delhi Chief Minister Kejriwal moved the Delhi High Court challenging his arrest and the order of remand passed by the trial court on March 22.
On Friday, a trial court had remanded him in ED's custody till March 28 "for his detailed and sustained interrogation".
In his plea, Kejriwal, who was apprehended by the ED on Friday night, contended that his arrest and remand were illegal and that he was entitled to be released from custody immediately.
The ED had arrested Kejriwal hours after the high court refused to grant him protection from coercive action by the central anti-money laundering agency.
Kejriwal had approached the high court for quashing and setting aside all proceedings including the summonses issued against him.
In that petition, Kejriwal said he is a "vocal critic" of the ruling party, an opposition leader and a partner in the INDIA bloc, and the ED, being under the Centre's control, has been "weaponised".
The case pertains to alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22 which was later scrapped.
This is the fourth high profile arresting of Aam Aadmi Party (AAP) leaders by the ED in the case, after Satyendar Jain, Manish Sisodia and Sanjay Singh.
The probe agency, said that huge cash amounts were handed over to various people. The proceed of crimes in this case, were used in Goa polls.
"The CM Arvind Kejriwal is the key criminal conspirator in the case. He is directly involved in formulation of the policy," the ASG (Additional Solicitor General) S V Raju, for the ED, had said yesterday in the hearing.
He further claimed that Kejriwal had allegedly demanded kickbacks from the South Group in exchange for favours. "In exchange for kickbacks, the South Group got control of liquor business in Delhi," he said.
Raju further said that the proceeds of crime is not only the Rs100 crore bribe received but also the profits made by the bribe payers. It was over Rs 600 crore.
"Rs 45 Crore was transferred to Goa through hawala. There is corroboration not only by statement but even CDRs. The money to Goa came through 4 routes," Raju said.
"The allegations are also corroborated by one of the AAP candidates in Goa. This person was also paid in cash. Where did they get the cash? it was from these kickbacks," Raju said.
Vehemently opposing the arguments and submissions of ED, against his client, Kejriwal, Dr Abhishek Manu Singhvi said that the power of arrest was not equal to need to arrest. The remand application was same as grounds of arrest. "How come this is possible?," he questioned.
Dr Singhvi said that there was no direct evidence against Kejriwal. Without there being any material in possession of the ED on the basis of which Kejriwal can be believed to be guilty of an offence. He is being illegally and arbitrarily arrested by the ED.
