Arvind Kejriwal Case | Finding Of Proceeds Of Crime Irrelevant If Money Laundering Case Is Made Out: ED To Delhi High Court

Opposing Chief Minister Arvind Kejriwal's plea challenging his arrest in the alleged liquor policy case, the Enforcement Directorate (ED) on Wednesday told the Delhi High Court that finding of proceeds of crime is irrelevant if a case is made out that the accused is involved in money laundering.

Kejriwal is currently in judicial custody. He was arrested on the night of March 21. On March 22, the trial court remanded him to six days of ED custody, which was extended by further four days. On April 01, he was remanded to judicial custody till April 15.

Additional Solicitor General SV Raju appearing for the central probe agency told Justice Swarana Kanta Sharma that criminals are supposed to be arrested and put in jail, whether it be an Aam Aadmi (ordinary man) or a Chief Minister.

“Finding of the actual proceeds of crime is irrelevant if we make out a case that you were involved in money laundering,” ASG said.

He added: “Where is the question of "mere ghar kuchh nahi mila"(nothing was found in my home)? Paisa to aapne Goa elections me use kar liya(you have spent the money for Goa elections).…When ED asks you kahan hain paisa? The answer is mujhe nahi pata(When the ED asks where is the money, the answer is I do not know). The argument is mere ghar se toh kuch nahi Mila. Lekin aapne kisi aur ko dediya toh kaha se milega aapke ghar me se(The argument is nothing was recovered from my home, but you have given the money to someone else, so how can the money be found in your house). He is actually involved and he is vicariously involved."

To substantiate his argument, Raju gave an illustration. He said that there are large number of murder cases resulting in prosecutions and even convictions even though the dead body, but that does not mean there is no murder.

“Supposing a political person commits murder two days before elections. This means he can't be arrested? Basic structure comes into play? Criminals are supposed to be arrested and put in jail. In such cases there is no infringement of basic structure. I commit murder or rape but I can't be arrested before elections. What kind of argument is this. This is a bogus argument, has to be rejected on the asking,” ASG said.

He further added: “Aam aadmi has to go behind bars but I am the chief minister, I can't go to jail. Therefore, I'll loot the country, make money, take kickbacks but don't touch me. Why? Because it's before elections, basic structure is violated. What kind of basic structure is this!”

“Take the case of a terrorist who is a politician who has blown up an army vehicle. But he says I've to stand in the elections, you can't touch me. What kind of an argument is this?”

Raju relied on various trial court orders taking cognizance of ED's prosecution complaints in the case and contended that prima facie, a money laundering case is made out.

The fact that there is a scam is beyond doubt today, he added.

Furthermore, Raju opposed Kejriwal's submission of questioning the timing of the arrest immediately before the elections. The ASG said that the argument was only a bogey to deflect the court from real issues.

“It's not that ED has become active only now. ED has been active from many years. Please see, ED also has constraints. Large number of digital devices destroyed. And crores in value. You don't change your mobiles or destroy mobiles periodically. You act through a middleman so that you don't come in picture. Vijay Nair comes in. And the attitude is, I didn't do anything. You've done it very tactically but we unearthed it despite hurdles.”

Senior Advocate Abhishek Manu Singhvi appeared for Kejriwal. A detailed story from the hearing can be read here:

Delhi High Court Reserves Verdict On Arvind Kejriwal's Plea Challenging ED Arrest In Liquor Policy Case