Arvind Kejriwal has skipped summons 9 instances, the ED had mentioned in its affidavit to the court docket. (File)
New Delhi:
Delhi Chief Minister Arvind Kejriwal’s problem to his arrest regardless of his refusal to offer an announcement to the Enforcement Directorate within the Delhi liquor coverage case was questioned by the Supreme Courtroom on Monday. “If you don’t go for recording of Part 50 statements, you can not take the defence that his assertion was not recorded,” mentioned Justice Sanjiv Khanna, who was a part of the two-judge bench listening to the case.
Part 50 of the PMLA (Prevention of Cash Laundering Act) offers with the ability of ED officers to problem summons and manufacturing of paperwork, proof and different supplies.
In his petition, Mr Kejriwal has argued that his arrest is against the law and so is his custody. Its motive was political, made clear by the timing – forward of the overall elections. “The try is to decimate a political occasion and topple an elected authorities of the NCT of Delhi,” his plea learn.
Throughout Monday’s listening to, his counsel Abhishek Manu Singhvi advised the court docket that one might be arrested solely on proof of guilt, “not mere suspicion”. “That is additionally the edge in Part 45 PMLA (regulation in opposition to cash laundering),” he had mentioned, mentioning that the investigating company had not recoded the assertion of the Delhi Chief Minister.
Learn | Supreme Courtroom Asks Arvind Kejriwal Why He Did not Search Bail, His Reply
“Are you not contradicting your self by saying that his statements underneath Part 50 of the Prevention of Cash Laundering Act (PMLA) weren’t recorded? You do not seem on summons for recording of statements underneath Part 50 and then you definately say it was not recorded,” the bench mentioned, questioning what the investigating officer might do if Mr Kejriwal didn’t seem regardless of repeated summons.
“Non-recording of Part 50 statements shouldn’t be a defence to arrest me for causes of believing there’s guilt,” Mr Singhvi had responded. “I’m saying different supplies additionally don’t set up my guilt. The ED got here to my home to arrest me. Then why cannot ED file my assertion underneath Part 50 at my home?” he added.
The Chief Minister has skipped summons for questioning 9 instances, the Enforcement Directorate had mentioned in its affidavit to the court docket. “At this time, you can not say that we are going to arrest you since you didn’t seem on summons. Are you able to say that because you didn’t cooperate, you’ll be arrested? Non-cooperation can’t be a floor for criminality or grounds of arrest. This court docket held final yr that non-cooperation can’t be a floor of arrest underneath the PMLA,” Mr Singhvi advised the court docket.
He additionally identified that final yr, on April 16, Mr Kejriwal was questioned by the Central Bureau of Investigation and answered all their queries.
The Enforcement Directorate has contended that Mr Kejriwal was avoiding interrogation and whereas recording his assertion underneath Part 17 of the PMLA, he was evasive and uncooperative. Arrested on March 21, Mr Kejriwal was within the custody of the company for questioning. He was moved to Tihar jail underneath judicial custody on April 1.
Earlier this month, the Delhi excessive court docket had upheld Mr Kejriwal’s arrest, saying the Enforcement Directorate was left with “little possibility” after he skipped repeated summons.
The CBI has contended that liquor firms have been concerned in framing of the Delhi excise coverage of 2021-22 that was subsequently scrapped. The coverage, which might have introduced them a 12 per cent revenue, was framed after receiving kickbacks from a liquor foyer it dubbed the “South Group”. The Enforcement Directorate alleged the kickbacks have been laundered.
The listening to will proceed on Tuesday.
