'Arvind Kejriwal's Expenses At 7 Star Hotel Paid By Accused': ED Says Can Place Evidence, Answers SC On 'Timing Of Arrest'

The Supreme Court on Tuesday resumed hearing Arvind Kejriwal's plea against Enforcement Directorate's arrest.

Supreme Court had asked ED to give explanation on timing of arrest of Kejriwal just before the Lok Sabha elections in the previous hearing.

Source : PTi

The Enforcement Directorate on Tuesday told the Supreme Court that it has evidence to show that Delhi Chief Minister Arvind Kejriwal stayed in a 7-star Hotel in Goa during Goa elections and a part of his expenses were paid by chariot enterprises which is implicated for taking cash in Delhi Liquor Policy case. The ED said that it has documentary evidence to prove this and that is why it not a policticaly motivated case. However the top cort asked ED to focus on the justifying Kejriwal's arrest under Section 19 of PMLA. 

'Investigation Was Not Focused On Arvind Kejriwal From Start': ED Tells SC On Timing Of Arrest

The Enforcement Directorate also placed a note in the Supreme Court saying that when it began investigations in the alleged Delhi Liquor Policy Scam, its investigation was not directly against Delhi Chief Minister Arvind Kejriwal and his role came up during investigation. "And that is the reason why in beginning, not a single question was put regarding him to accused being questioned." The court had asked ED to give explaination on timing of arrest of Kejriwal just before the Lok Sabha elections in the previous hearing.

Senior Advocate Abhishek Manu Singhvi had told the apex court that ED was concealing and suppressing statements made by approvers in favour of Kejriwal and selectively showing statements against him.

ED further contended that it is for the investigating officer to decide that at this stage, what statement is correct and what is not. "Factually there is no contradictions in statements. They can't be presumed to be in favor of petitioner." ED told the top court.

Justice Khanna, however questioned that why ED did not start investigating his role at the outset when CBI filed first case in August 2023. The ED said they had no reason at that time as they had to investigate where the money went and build up investigation.

'Show Compliance Of Section 19 Of PMLA For Kejriwal's Arrest': Supreme Court Tells ED

On hearing ED's submissions, Justice Sanjiv Khanna reminded ED that at present, the issue before the court is on compliance of Section 19 of PMLA and the court wants answer on that from the ED.

Section 19 of the PMLA empowers ED officials to arrest persons based on the material in their possession, providing a reasonable basis to suspect that an individual has committed an offence punishable under the law.

The court said that it has to examine two primary questions -- whether the arrest was made in compliance of Section 19 and why the agency took two years to arrest Kejriwal.

Justice Khanna said, "it is not good for any investigating agency to say that it takes 2 years to unearth role."

The Supreme Court today resumed hearing Delhi Chief Minister Arvind Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) in connection with the Delhi Liquor Policy Case. After the ED told that it cannot complete arguments on arrest today, the top court asked both sides to argue on interim bail keeping in mind the general elections and upcoming court vacations.

In the last hearing the bench of Justice Sanjiv Khanna and Dipankar Datta had observed that as the arguments in the case are expected to prolong, the top may consider interim bail due to the upcoming elections on May 25. However, the bench stated that they will hear separate arguments on interim bail. 

Justice Khanna however clarified that the court is merely putting the ED on notice about the intention to consider the plea for interim bail and is not expressing any opinion. The court further isntructed ED to take instructions on whether Kejriwal should be signing official files given that he is holding the position of a chief minister.

Following the arguments made by Senior Advocate Abhishek Manu Singhvi, the top court questioned the ED, represented by Additional Solicitor General S.V. Raju, to on the timing of Kejriwal’s arrest. The bench also instructed the investigative agency to provide all material that was in favour of and against Kejriwal.