Victim Of ED's Witch-Hunt, Cancelling Bail Would Be Miscarriage Of Justice: Arvind Kejriwal To Delhi High Court

Chief Minister Arvind Kejriwal has told the Delhi High Court that he is a victim of "witch-hunt" by the Enforcement Directorate (ED) and that cancellation of his bail in the money laundering case would tantamount to miscarriage of justice.

Opposing ED's plea against grant of bail, the Chief Minister in his reply has said that ED uses illegal measures of "pressurizing" other co-accused in the case and inducing them to make incriminating statement in lieu of “no-objection” by the prosecution to the grant of bail to them.

Kejriwal was granted bail by vacation judge Niyay Bindu of Rouse Avenue Courts on June 20. On ED's challenge, the Delhi High Court stayed the impugned order on June 25.

Refuting ED's allegation that the trial court did not give it fair opportunity to address arguments, Kejriwal has said that the bail order was not only well reasoned but prima facie showed a due application of mind in considering as well as faithfully recording and dealing with 'relevant arguments and contentions raised on behalf of both the parties'.

The Chief Minister has said that all the submissions made by ED are not only untenable in law but also reflect their “apathy, insensitivity and overbearing as well as over- reaching attitude” towards Courts of law.

“With utmost respect, the language employed by the ED in the grounds urged before this Hon'ble Court insofar as the Ld. Special Judge is concerned, ought to be frowned upon by this Hon'ble Court and strictures deserve to be cast as such kind of remarks and insinuations will not only be detrimental to the cause of justice but would also render our District Judiciary to be demoralized,” the response reads.

It adds that no offence is made out against Kejriwal under Section 3 of the PMLA and therefore, his life and liberty must be protected from “unwarranted and unjustified violation” at the hands of ED on the basis of a “false, malicious and motivated case without any merit.”

Kejriwal has said that since nothing relevant was probed by the IO during his ED custody, the arrest was illegally made just to harass and humiliate a political opponent.

“There exists no proof or material demonstrating that the AAP received funds or advanced kickbacks from the South group, let alone utilizing them in the Goa election campaign. Not a single rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration,” the reply states.

It adds there is no link whatsoever established by ED to claim that Rs. 45 Crores was transferred by South group as advanced kickback which was then allegedly utilized by AAP in Goa elections.

The matter was listed today for hearing. However, Justice Neena Bansal Krishna adjourned hearing to July 15 as ED requested time to file its counter affidavit to Kejriwal's reply.

Yesterday, the trial court cognizance of the seventh supplementary chargesheet filed by ED in the money laundering case naming Kejriwal and Aam Aadmi Party as an accused.

Kejriwal is in judicial custody in the corruption and money laundering cases related to the alleged scam.

The Central Bureau of Investigation (CBI) examined Kejriwal in Tihar jail and his statement was recorded. This was hours after the Delhi High Court stayed the bail granted to him in the PMLA case.

After court's permission, CBI examined Kejriwal in court on June 26 and then formally arrested him in the case.

Kejriwal was arrested by the Enforcement Directorate (ED) on March 21. In May, he was granted interim bail by the Supreme Court till June 01 in view of general elections. He surrendered on June 2.

Kejriwal has challenged before the Delhi High Court his arrest by CBI and three days of police custody remand. He has also filed a plea seeking bail in the corruption case. Both the cases are fixed for hearing on July 17.

Title: ED v. Arvind Kejriwal