The Enforcement Directorate on Wednesday told the Supreme Court that Delhi Chief Minister Arvind Kejriwal's conduct led the investigation officer to form the satisfaction that he is guilty of money laundering in the alleged Delhi Liquor Policy scam. The probe agency further said that Kejriwal was only arrested after Delhi High Court refused interim relief to him.


ED further tells court in its affidavit that AAP chief avoided interrogation by not remaining present before the agency despite being summoned 9 times


The ED said it is ready to disclose material which formed the basis of arrest. The affidavit filed in top court said that over 170 approx Mobile phones were changed & destroyed by 36 persons during the period of scam.


ED said Kejriwal's plea challenging his arrest was devoid of merit and liable to be dismissed. And that the material that formed the basis for satisfaction of the investigating officer for arresting him had been perused by different courts.


The agency said Kejriwal's petition is not a plea seeking to be released on bail after completion of the investigation, but an appeal against the rejection of a writ petition challenging the arrest during the pendency of the investigation when the prosecution complaint is yet to be filed.




The ED further tells the top court that the arrest of a person, however high he may be, for commission of offense based on material, can never violate the concept of free and fair elections.

 

"Treating a politician differently from an ordinary criminal in a matter of arrest would amount to arbitrary and irrational exercise of power of arrest which would violate the principle of equality enshrined under Article 14 of the Constitution,” the affidavit states.



Kejriwal is currently lodged in Tihar jail under judicial custody. On April 15, the apex court sought a response from the ED by April 24 on his plea challenging his arrest in a money-laundering case connected  to the now scrapped Delhi Liquor Policy.


The Delhi High Court had upheld Kejriwal's arrest as legal. Following which, he approached the Supreme Court. In last hearing Supreme Court issued notice to ED and sought response. Earlier this week, a Delhi court extended Kejriwal's judicial custody till May 7.