Thread by @barandbench

[Excise Policy Case]

Delhi Chief Minister Arvind Kejriwal to be produced before Delhi's Rouse Avenue Court today.

ED had arrested Kejriwal last night from his residence.

@ArvindKejriwal @AamAadmiParty #ExcisePolicyCase

Delhi High had on Thursday refused to grant Kejriwal protection against ED arrest. He was arrested a few hours later.

Read the detailed piece on HC proceedings here:
barandbench.com/news/delhi-hig…

Kejriwal is likely to be produced before judge Kaveri Baweja.

Kejriwal's lawyers Senior Advocates Vikram Chaudhari and Ramesh Gupta reach court.

ED's Special Counsel Zoheb Hossain is also present in Court.

Kejriwal produced in court.

Court is yet to assemble.

Judge Kaveri Baweja presides.

#ArvindKejriwal produced in Court. Video:

Senior Advocate Abhishek Manu Singhvi to appear for Kejriwal.

ASG SV Raju will argue ED's case.

Court is waiting for ASG SV Raju to come to Court.

Judge Baweja requests people present in the Courtroom not to overcrowd the Court.

We have limited space: Judge.

Commotion outside the Court as some more people try to enter the Courtroom.

Hossain: Mr Raju is stuck in the ruckus.

Hossain: Can I seek a short recess of 5 minutes? We don't want to inconvenience the Court. Mr Raju is here but the cops are not allowing the entry.

Gupta: Agar ASG ko bhi nahi allow kar rahe hain to kya hoga desh ka?

Court is waiting.

ASG SV Raju arrives.

Hearing commences.

ASG: Accused was arrested yesterday at 9PM. He is produced before your honour in 24 hours.

#Breaking ED seeks 10 days remand of #ArvindKejriwal

ASG: His relatives have been informed and vopy of the remand application has been given to them. Grounds of arrest also he has received. We have compiled with Sec 19 (1) PMLA.

ASG: Panchanama of arrest is also there.

ASG: As far as Section 19(2) is concerned, a copy of the order of his arrest has been supplied to the Adjudicating Authority.

We have also complied with Section 19(3):ASG.

ASG refers to a judgement.

ASG: We have compiled with Section 19 completely.

He now refers to the remand application.

ASG: We talk about the background of the Excise Policy. The expert committee was constituted but it was a sham committee. The policy was made in such a manner that it would enable the taking of bribes and recoupment of people who gave the bribes.

ASG: As CM Arvind Kejriwal was the key conspirator of the conspiracy.

ASG: He was directly involved in formulation of the policy... he was involved in handling of proceeds of crime as well in the Goa election campaign. Kejriwal is the head of the party.

ASG: He was in touch with Manish Sisodia, the deputy Chief Minister the whole time..

ASG: Vijay Nair was staying in a house near Mr Kejriwal. He was staying in the house given to Mr Kailash Gahlot, a minister of the delhi govt. He acted as the middle man between South Group and AAP.

ASG: Arvind Kejriwal demanded kickbacks from the South Group in exchange for favours. This is corroborated by the statements

ASG refers to Statement of Sarath Reddy.

ASG: In exchange for kickbacks, the South Group got control of liquor business in Delhi.

I will now explain his role in using the proceeds of crime: ASG

ASG: Proceeds of crime is not only the Rs100 crore bribe received but also the profits made by the bribe payers. It was over Rs 600 crore.

ASG: All vendors paid cash to a certain extent.

ASG now refers to certain chats.

ASG: Rs 45 Crore was transferred to Goa through hawala.

ASG: There is corroboration not only by statement but even CDRs.

ASG: We have also examined the money train backwards. The money to Goa came through 4 routes.

*money trail.

ASG: Kindly notice the huge amount of cash changing hands.

ASG: Link is there.. These people have been in regular touch.

ASG: The allegations are also corroborated by one of the AAP candidates in Goa. This person was also paid in cash. Where did they get the cash? it was from these kickbacks.

ASG: AAP is the beneficiary but the party does not exist by itself. My submission is that AAP is a company so every person who is involved in the functioning of the committee shall be deemed to be a guilty person.

ASG: Apart from from personal liability, he (Kejriwal) is also liable to be punished for vicarious liability.

ASG: He is also responsible for the affairs of the AAP.

ASG: He is responsible for the conduct of the party. he is the national convenor and responsible for the party at national level.

ASG: He is the brain behind the party and controls its major activities.

ASG: He has wilfully disobeyed the summons. The conduct of disobeying the summons... At the times of search he did not give correct facts.

ASG: He was non cooperative in investigation.

ASGWe want to interrogate him and gather information...

ASG concludes.

Singhvi begins his submissions.

Singhvi: Firstly, what is your lordships remit at the remand stage. It is not automatic. It has to satisfy the sections of PMLA.

Singhvi: The one phrase in Section 19 (1) is "material in his possession" You can come to my house and arrest me unless this is satisfied. Then there is reason to believe and finally, "guilty of an offence".

Singhvi: The test for arrest is more stringent because the grounds for bail are more stringent. There has to be a causal link between material in my possession and reason to believe.

Singhvi: The first thing to be shown is necessity for arrest. The power of arrest is not equal to the need of arrest. Just because you have the power to arrest does not mean you will arrest. The fact that you Have the power does not mean you Will exercise it.

I will show the law that says the need to arrest needs to be demonstrated: Singhvi.

Singhvi: What is the necessity to arrest this man in March 2024? The entire remand application is the copy paste of grounds of arrest.

Singhvi: You say you need to further trace the money trail can't be a ground of arrest. It can be grounds for a questionnaire or VC.

Singhvi: What is the ground of arrest? The only ground is these three four names taken...

Singhvi: There is a new pattern now. You have a witness, he does not name Kejriwal in statement one or statement two. You then arrest him and oppose his bail vehemently. He then turns approver. And one fine day he gives a brilliant statement...

Singhvi: It is the first and only time that a sitting chief minister has been arrested... Four senior leaders of his part are arrested... This means before even the first vote is cast, the results are there.

Singhvi: Democracy is the basic structure of the constitution... You are creating a non level playing field.

Singhvi: This is not a rhetorical statement.

Singhvi: Money can't keep changing hands indefinitely and then you arrest me... in your grounds of arrest, there is no reason to arrest me.

Singhvi: You have to show how I am involved...

Singhvi refers to Pankaj Bansal judgement of the Supreme Court.

Singhvi: The Supreme Court must take penal action when its words are not taken seriously.

Singhvi: You can't arrest me without "reason to believe".

Singhvi: any remanding court is not an automatic rubber stamp.

Singhvi: 80% of the people have not named Arvind Kejriwal in their statements.

The reason of arrest of one of the witnesses is non cooperation and he was arrested a day after he did not name Kejriwal: Singhvi.

ASG: Are we arguing his cancellation of bail? This is remand application.

Singhvi now refers to Statement of Raghav Magunta.

Singhvi: On 11 May 2023 order of Delhi High Court, in bail application of Raghav Magunta it is recorded that this man's wife attempted to commit suicide and is in hospital the statement was recorded in July and on August 10, Magunta complains of back pain and ED does not oppose his bail. This man is pardoned on October 3.

I have not seen this chain in criminal law: Singhvi.

Singhvi refers to a Judgement.

Singhvi: There is absolutely no corroboration regarding him (Kejriwal).

Singhvi: Yesterday befire Delhi High Court they said we are calling Kejriwal in his personal capacity. Today a lot of material has been given referring to the party as a company etc.

I am saying he had no role: Singhvi.

Singhvi: There is no direct evidence except these statements saying I met Mr Kejriwal etc... if people are arrested and pardoned then they will definitely name anyone.

Singhvi: Please do not look at the remand as a routine.. it requires application of significant judicial mind... there are larger issues of democracy involved. Please keep that in mind.

Senior Advocate Vikram Chaudhari making submissions for Kejriwal.

The administration of criminal justice system is at stake here. Yesterday my matter was before HC. The HC said no interim orders are called for at this stage and within hours i am arrested: Chaudhari.

Chaudhari: I ask them What is it that you want to ask me?

AsG interjects.

We are not arguing summons. You are wasting time and playing to the gallery.. Summons are out of the question now: ASG

Non cooperation with summons is a very eloquent ground. It is taken by them in the remand: Chaudhari.

Chaudhary: They tell me on January 12 that i am being called in my personal capacity and not as the CM.

They tell me I am not an accused. It is loud and clear: Chaudhari.

My Cooperation is for the court to examine but here the ED is acting as judge jury and executioner: Chaudhari.

Chaudhari: I look at the remand application and all I can say is that it is subterfuge...

Chaudhari: The first line in remand is that as CM he was the kingpin... on January 12 they had said I am being called not as CM.

Chaudhari: The opening lines of remand application destroy their subterfuge and misrepresentation that I was not being called as AAP chief and CM.

Chaudhari: It seems like AAP is being called through me.

Chaudhari: They referred to Companies Act. A political party is not a company... they say forget the High Court I will decide that you AAP are a company and I will arrest the CM in his personal capacity or as CM or whatever.

Chaudhari: They say they had all the material against me.. then why did you wait till after the model code came into force? Were you waiting for this? The right to participate in election is a politician's right

Chaudhari: They should remove their mask and show us who they exactly represent.

This is all playing to the gallery : ASG

Senior Advocate Ramesh Gupta is now making submissions for Kejriwal.

ASG: If this happens, I will reply to Mr Singhvi, Zoheb Hossain will rely to Mr Chaudhary and someone else will reply to Mr Gupta.

#Breaking Arvind Kejriwal's lawyers move application for rejection of remand prayer.

There can be only one approver in one case. you can't have these many approvers... How can there be all approvers except some top leaders of the AAP: Gupta.

ASG is now making rejoinder statement.

ASG: Approver statement can't be discarded. It is under Section 164.

ASG refers to some judgements.

ASG: This case has a history of destruction of huge electronic evidence. A large number of phones have been destroyed. Despite that the ED has done a wonderful service.

ASG: The prosecution case has been tested and upheld by the Supreme Court. The Supreme Court tested all these things and denied bail to Manish Sisodia.

ASG: There is concrete evidence to show there is a scam and fraud. The excise policy was changed to fund Goa elections for AAP.

ASG: A person may be summoned in his individual capacity but when you question him you may come to a different conclusion... Our case is he is not guilty just personally but even vicariously. We are not saying we arrested you only because of vicarious liability. We arrested him in his personal capacity and vicariously.

The way they are going I will have to argue afresh: Chaudhari.

ASG: They will not decide the necessity of arrest. It is for the Investigating Officer to see how the investigation is to be conducted.

There is sufficient material to come to the conclusion that he is prima facie guilt of the offence: ASG.

He is guilty not just in his personal capacity but even vicariously. We have established that money came through kickbacks for Goa elections: ASG.

ASG concludes.

Chaudhari is now making some submissions.

Hossain: We had shown the material that we have against Kejriwal to the High Court yesterday.

History will judge us poorly if we do not do our duty today: Chaudhari.

Chaudhari refers to the Manish Sisodia judgement and points out that he was arrested by CBI and then subsequently by the ED.

Order reserved.