New Delhi: A Delhi court Thursday extended the Enforcement Directorate’s (ED’s) custody of Chief Minister Arvind Kejriwal by four days. The central agency, in its fresh remand application, informed special CBI judge Kaveri Baweja that the Aam Aadmi Party chief was giving “evasive replies”, had sought time to share passwords for his digital devices, and wasn’t furnishing certain details sought in relation to his property and financials.
As Kejriwal’s initial custody period got over Thursday, the ED sought another seven days’ remand. However, the court allowed an extension till 1 April. The Delhi CM was arrested a week ago in connection with the excise policy case.
“Having considered the submission made before this court and considering the grounds as cited by the investigating agency, there appear to be sufficient reasons to permit further custodial interrogation of the accused, particularly keeping in view the submissions that he is required to be confronted with the material collected and statements recorded so far in the course of investigation,” Justice Baweja wrote in her order.
Earlier in the day, the court saw passionate submissions by Kejriwal before the judge, and heated arguments between his counsel Ramesh Gupta and Special Public Prosecutor N.D. Mata, who represented the ED, while Additional Solicitor General (ASG) S.V. Raju appeared via video conferencing.
ASG Raju argued before the court that investigating officers had to confront Kejriwal with other members of the Aam Aadmi Party (AAP) from Goa who were summoned by the agency Thursday and their statements were being recorded.
Notably, the agency summoned Amit Palekar, chief of AAP’s Goa unit, and various others to join the probe into the Delhi excise policy 2021-22 because, according to the ED, the party had used Rs 45 crore worth of ‘proceeds of crime’ during the 2022 assembly elections in the state.
‘Evasive replies, summons to Punjab excise officials’
Apprising the court of the steps it has taken since obtaining Kejriwal’s custody on 22 March, the ED said in its fresh remand application that the Delhi CM has been giving “evasive replies” in five statements recorded each day between 23 and 27 March.
The agency told the court that it had also recorded the statement of a 2022 Goa assembly polls candidate from AAP, who allegedly said that all election expenditure was being managed by the party’s Delhi office.
The agency also said that it had confronted Kejriwal with C. Arvind, who was personal secretary to the then deputy chief minister Manish Sisodia and had given a statement that Sisodia had handed him a GoMs (Group of Ministers) report that formed the basis of the policy in question, in the presence of Kejriwal.
The agency further alleged that Kejriwal has sought time to share the passwords of four digital devices which were seized during his arrest. It claimed that one device related to his wife has been extracted and its data is being analysed.
“Further, some of the documents/details such as movable/immovable property details, ITR, other financial details etc. were sought and he told that he would inform the same to counsel/family member and the same information will be shared by them. However, no details are furnished by him and his counsel/family members (sic),” the agency further claimed in its remand application, accessed by ThePrint.
“During custody period, this office has called visitor register from CM office/Camp office. However, it is informed that there are no registers maintained there. However, it is learnt by this office that appointments are made with CM Delhi in online system/portal in CM office. Hence, the same are sought again from CM office. The same are awaited (sic),” the agency further informed the court.
The ED also said it had summoned officials of the Punjab excise department who were allegedly involved in the “arm-twisting” of wholesalers in Delhi who had refused to pay bribes as per the planned policy, by shutting down their factories or denying them market access in Punjab. The agency said that the officials had sought time due to the hooch tragedy in Punjab’s Sangrur district, and were therefore asked to appear Friday.
‘Mere statements enough to arrest sitting CM?’
As soon as ASG Raju wrapped up his initial arguments, Kejriwal’s counsel, senior advocate Ramesh Gupta, sought the judge’s permission for Kejriwal to make a direct submission in court.
The Delhi CM claimed that the “real scam” in the policy took place only after the ED started probing the matter, which he further alleged was initiated for two purposes — to finish off his party, and to create a “smokescreen” that his party was corrupt and run an “extortion racket” in the background.
Referring to the donations made by P. Sharath Reddy’s Aurobindo Pharma to the BJP through electoral bonds, Kejriwal argued that it was a fitting case to be probed by the ED as there was an “established” money trail as money from Reddy’s company went to BJP’s bank account.
Kejriwal further questioned the ED’s way of dealing with the case files and alleged that his name was mentioned only on four instances in the statements of 162 witnesses.
He further alleged that Ongole MP Magunta Srinivasulu Reddy had not taken his name in his first three statements given to the agency but soon after his son Raghava Reddy was arrested, he named him in his fourth statement.
“Magunta Srinivasulu Redddy who is a MP came to my official residence on 16 March 2021 seeking land in Delhi for his family trust to which I informed him that issue of land was L-G’s jurisdiction and that I would forward his application,” Kejriwal said, in contradiction to Reddy’s statement recorded on 14 July 2023.
“Srinivasulu Reddy had not named me in his first three statements. Then after his son’s arrest, he named me and his son got bail and pardon in the case. His son gives seven statements and only the last one features my name. Only those two statements which implicated me get mentioned on record by ED. Why are not all of their statements on record?” the Delhi CM asked.
“Are mere statements enough to arrest a sitting chief minister while neither any court has framed charges against me nor have I been convicted by any court in this case?” Kejriwal further submitted.
(Edited by Gitanjali Das)
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