ED Tells Supreme Court: Treating Arvind Kejriwal Differently Violates Right to Equality

New Delhi, 25 April 2024: In a significant development, the Enforcement Directorate (ED) has firmly defended its actions against Delhi Chief Minister Arvind Kejriwal, stating that treating him differently from any other criminal would violate the fundamental principle of equality enshrined in Article 14 of the Indian Constitution.

The ED’s response came in the backdrop of a plea filed by Kejriwal challenging his arrest and remand by the agency in connection with a money laundering case linked to the Delhi excise policy. In its affidavit submitted to the Supreme Court, the ED emphasized that Kejriwal cannot enjoy immunity from arrest simply because of his political stature.

According to the ED’s affidavit filed on April 24, the agency asserted that Arvind Kejriwal’s arrest was based on substantial evidence implicating him in money laundering activities, as mandated by Section 19 of the Prevention of Money Laundering Act (PMLA). The affidavit highlighted that treating politicians differently in matters of arrest would undermine the rule of law and the principle of equality before the law.

The agency also rebuffed Kejriwal’s assertion that his arrest was politically motivated due to the impending Lok Sabha elections. The ED contended that arresting individuals, regardless of their position, for alleged offenses does not impede the concept of free and fair elections.

Furthermore, the ED underscored the extensive destruction of evidence in the case, indicating a deliberate effort to conceal incriminating information. Despite such attempts, the agency claimed to have recovered crucial evidence pointing to Kejriwal’s involvement in the money laundering scheme related to the Delhi excise policy.

In a detailed account, the ED elucidated on the proceeds of the crime, stating that the illicit gains surpassed the bribe amount and encompassed profits accrued by the bribe giver. The agency alleged that Kejriwal played a direct and indirect role in facilitating the laundering of illicit funds through policies that favored bribery under the guise of legitimate profits.

The ED’s money laundering probe stems from a case initially registered by the Central Bureau of Investigation (CBI) in connection with alleged irregularities in the Delhi Excise Policy for 2021-22. The investigation alleges a criminal conspiracy involving AAP leaders, including former Deputy Chief Minister Manish Sisodia, and unidentified private entities.

Kejriwal’s arrest by the ED on March 21 and subsequent judicial custody has sparked a legal battle, with the Delhi High Court dismissing his plea and affirming evidence of his involvement in the alleged scam. The ED’s firm stance comes amidst Kejriwal’s claims of political vendetta and misuse of legal provisions by the Central government ahead of the 2024 Lok Sabha elections.

As the legal battle intensifies, Kejriwal’s fate hangs in the balance, with the Supreme Court poised to adjudicate on the matter, determining the boundaries between political privilege and legal accountability.