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SC Issues Notices to CBI, ED on Kavitha Bail

August 12, 2024, 2:30 pm

The Supreme Court on Monday issued notices to the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) regarding Bharat Rashtra Samithi (BRS) leader K Kavitha’s plea challenging a Delhi High Court order that denied her bail in the alleged Delhi excise policy scam case.

A bench comprising Justices BR Gavai and KV Viswanathan requested responses from the CBI and ED concerning Kavitha’s plea against the July 1 High Court decision. Senior advocate Mukul Rohatgi, representing Kavitha, informed the court that she has been in jail for five months.

Recently, the Enforcement Directorate (ED) filed a supplementary charge sheet in Delhi’s Rouse Avenue Court related to the money laundering case linked to the alleged excise policy scam. The charge sheet names BRS leader K Kavitha and other accused, including Chanpreet Singh, Damodar, Prince Singh, and Arvind Kumar.

On May 6, the Rouse Avenue Court rejected bail petitions filed by K Kavitha in connection with both CBI and ED cases. Kavitha was arrested by the ED on March 15, 2024, and by the CBI on April 11, 2024.

The CBI investigation was initiated based on a report from the Delhi Chief Secretary filed in July, which indicated prima facie violations of the GNCTD Act 1991, the Transaction of Business Rules (ToBR)-1993, the Delhi Excise Act-2009, and the Delhi Excise Rules-2010. The ED and CBI have alleged that irregularities were committed during the modification of the excise policy, including granting undue favors to license holders, waiving or reducing license fees, and extending the L-1 license without proper approval.

Kejriwal Challenges Arrest in SC, Seeks Bail

August 12, 2024, 1:41 pm

Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court, challenging his arrest by the Central Bureau of Investigation (CBI) in the excise policy case and has also filed a bail plea. This move comes after the Delhi High Court dismissed his earlier petition contesting the arrest, advising him to seek bail from the trial court instead.

The Delhi High Court, in its dismissal, noted that the prosecution had taken a cautious approach out of respect for Kejriwal’s position as Chief Minister of Delhi, conducting extensive investigations across India to uncover the full extent of the alleged conspiracy involving multiple individuals. The court acknowledged Kejriwal’s argument that, as the National Convenor of the Aam Aadmi Party and the sitting Chief Minister of Delhi, he is facing “gross persecution and harassment for wholly malafide and extraneous considerations.”

However, the court found that the CBI’s decision to proceed with the arrest only after gathering sufficient evidence over a period of one and a half years was well justified. The CBI obtained sanction for prosecution on April 23, 2024, and the court found no signs of malice in the investigation.

The court further observed that Kejriwal is not an ordinary citizen but a distinguished figure, noting his Magsaysay Award and his role as the convenor of the Aam Aadmi Party. The prosecution argued that Kejriwal’s influence over witnesses was evident, as they only came forward after his arrest. The court concluded that the investigation’s timeline and actions did not suggest any malice.

While reviewing Kejriwal’s bail plea, Delhi High Court Justice Neena Bansal emphasized the complexity of the case and the extensive evidence on record, suggesting that a comprehensive determination of Kejriwal’s role in the alleged conspiracy is necessary to assess his entitlement to bail. Justice Bansal also pointed out that since the charge sheet has now been filed before the Special Judge, it would be in Kejriwal’s best interest to first approach the Court of Sessions Judge.

This development follows the release of former Delhi Deputy CM and AAP leader Manish Sisodia from Tihar Jail on August 9, after the Supreme Court granted him bail in connection with the Delhi excise policy case, following nearly 18 months of imprisonment.

Breaking: CBI Charges Delhi CM Arvind Kejriwal In Excise Policy Scam

July 29, 2024, 10:56 am

The Central Bureau of Investigation (CBI) has submitted a charge sheet against Delhi Chief Minister Arvind Kejriwal and others to the Rouse Avenue Court in Delhi, related to the excise policy case.

Additionally, the top court will address Deputy Chief Minister and AAP leader Manish Sisodia’s bail plea today concerning the money laundering and corruption charges linked to the alleged liquor policy scam.

Delhi High Court Criticizes Trial Court’s Decision, Halts Arvind Kejriwal’s Bail

June 25, 2024, 4:56 pm

In a significant setback for Delhi Chief Minister Arvind Kejriwal, the Delhi High Court on Tuesday stayed a trial court’s order that had granted him bail in a money laundering case related to the now-scrapped excise policy.

A vacation bench led by Justice Sudhir Kumar Jain stated that the trial court had not properly considered the matter when granting bail to Kejriwal.

The High Court also criticized the lower court for its view that the ‘voluminous material’ submitted by the Enforcement Directorate (ED) could not be taken into account, calling this stance ‘totally unjustified’.

The court remarked, “Observation by the trial court that voluminous material cannot be considered is totally unjustified, and it shows that the trial court has not applied its mind to the material.”

Additionally, the court emphasized that the trial court should have allowed the ED a “proper opportunity” to present its case.

The court accepted the ED’s contention that the trial court judge failed to consider the dual conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).

“This court is of the opinion that Section 45 PMLA has not been properly discussed by the trial court,” it noted.

Kejriwal was taken into custody by the ED in March concerning the Delhi excise policy case. On May 10, the Supreme Court granted him interim bail to enable his participation in election campaigning, directing him to surrender by June 2.

Subsequently, on June 20, the trial court granted him regular bail, which the High Court stayed on June 21, even before the bail order was officially released.

Following the High Court’s decision to stay the bail, Kejriwal approached the Supreme Court against the interim stay.

However, the Supreme Court opted to wait for the Delhi High Court’s final decision on his bail, scheduling the matter for Wednesday.

A vacation bench comprising Justices Manoj Misra and SVN Bhatti noted that the Delhi High Court’s interim stay was “unusual” and commented that stay orders are typically not reserved and are announced on the same day.

Arvind Kejriwal’s Bail Plea Delayed In Liquor Policy Scam Case

June 20, 2024, 1:21 pm

A Delhi court has deferred its decision on the bail request of Delhi Chief Minister and Aam Aadmi Party’s (AAP) national convenor Arvind Kejriwal regarding the money laundering case linked to the now-defunct excise policy.

The Enforcement Directorate (ED) presented documentary evidence indicating that a portion of the alleged proceeds of crime was utilized to cover Kejriwal’s accommodation expenses at the Grand Hyatt Hotel in Goa during the 2022 state elections.

The ED asserted that Charanpreet Singh paid Rs 1.5 lakh in installments of Rs 50,000 each to settle the hotel and banquet charges for Kejriwal’s stay. Charanpreet, reportedly managing AAP’s Goa poll funds, allegedly received around Rs 45 crore in cash from various hawala operators and was involved in handling cash for the party’s Goa election campaign.

Additionally, the ED mentioned that witness statements, including one from an individual named Sagar Patel, corroborate the cash payments made to Charanpreet, Prince Kumar, and Rajiv Mondkar for the AAP’s election expenses in Goa.

The ED argued that Kejriwal’s refusal to provide his phone’s password should result in an adverse inference against him, a ground for denying bail even under ordinary bail law. ASG Raju previously informed the court that the Delhi CM’s stay costs were covered partly in cash and partly by the GNCTD Admin Department, with payments initially concealed but later discovered to have come through hawala.

Earlier, the ED opposed Kejriwal’s bail, alleging that he demanded a Rs 100 crore bribe from the South Group for his party. The agency stated that if the AAP commits a crime, the person in charge of the party will be held culpable. The ED also highlighted that when former deputy chief minister Manish Sisodia was made an accused, the AAP was not named as an accused.

Kejriwal’s judicial custody was extended after he was produced before the court via video conference. His counsel argued that the case against him relied on statements from tainted individuals, discrediting the prosecution’s case. Kejriwal’s lawyer claimed there were contradictions in the statements made by several co-accused.

Breaking: Delhi Court Extends Arvind Kejriwal’s Judicial Custody Till July 3

June 19, 2024, 2:48 pm

A Delhi court heard Chief Minister Arvind Kejriwal’s bail plea in a money laundering case related to the alleged excise scam, extending his jail stay until July 3, on Wednesday.

The Enforcement Directorate (ED) informed the court that the case revolved around Kejriwal’s role. Additional Solicitor General SV Raju stated, “The matter boils down to his role,” clarifying that the allegations of Kejriwal demanding a Rs 100 crore bribe were made by the Central Bureau of Investigation (CBI), not the ED.

Kejriwal’s lawyer argued during the hearing that despite various chargesheets being filed, his client had not been accused in any of them. He highlighted that while several people had been arrested in the earlier stages, none of the charges were related to Kejriwal.

Previously, the matter had been adjourned by Additional Sessions Judge Mukesh Kumar after the ED requested more time to file a reply.

The judge also addressed an application filed by Kejriwal seeking permission for his wife to join the proceedings of the medical board through video conference to determine his health condition and treatment. The judge directed the concerned jail authorities to respond to this application. The ED requested an adjournment of the matter until June 25, but the judge emphasized that he would prioritize the accused’s convenience for the next hearing date, not the ED’s.

Regarding Kejriwal’s previous application for interim bail on medical grounds, which was dismissed on June 5, the judge directed the Tihar jail authorities to ensure his medical needs were met while in judicial custody.

ED opposes Kejriwal’s regular bail plea

June 8, 2024, 3:54 am

The Directorate of Enforcement (ED) on Friday filed an affidavit before Delhi’s Rouse Avenue Court opposed Arvind Kejriwal’s regular bail plea. ED in its written response said that the applicant (Kejriwal) is involved in the commission of grave economic offences.

The ED further stated that there is ample evidence on record to link the applicant to the commission of the offence of money laundering, and his release on bail would adversely affect further investigation to unearth the deep-rooted multi-layered conspiracy, the ED said.

Meanwhile, the court on Friday deferred the arguments for June 14, after noting that ED had served the reply copy to Arvind Kejriwal’s lawyer just at 1 pm.

Recently, the same court dismissed the interim bail plea moved by Delhi Chief Minister Arvind Kejriwal seeking seven days bail citing medical reasons, in the Excise Policy money laundering case.

The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-scrapped excise policy for 2021-22.

SC to hear Sisodia’s bail plea in liquor policy case today

June 4, 2024, 3:29 am

Former Delhi Deputy Chief Minister Manish Sisodia on Monday moved Supreme Court seeking bail in liquor policy cases. The top court will hear Sisodia’s plea on Tuesday. Manish had sought bail in cases being investigated by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). Sisodia has been in custody since February 26, 2023 after arrest by the CBI. Thereafter, he was arrested by the ED.

Earlier on May 21, Delhi High Court had dismissed the bail petitions filed by Aam Aadmi Party leader in liquor policy cases. The bench of Justice Swarna Kanta Sharma had pronounced the order and said the case at hand is of grave misuse of power and aim was to create policy that is beneficial to some and kickbacks could come in.

However, it had Sisodia to meet his ailing wife once in a week.

Corruption in this case originated with applicant’s desire to design a policy that is beneficial to some individuals.

Court had also observed that Sisodia had involved himself in the destruction of evidence and hence the possibility of tampering of evidence cannot be ruled out. He held 18 portfolios and was also a senior leader of AAP and Deputy CM, hence, he is very powerful.

Prosecution has made out a prima facie case of money laundering involfing great misuse of power by the applicant Manish Sisodia. This deceptive Act was a calculative move by him, the court had earlier said, adding that tempering can’t be ruled out if Manish Sisodia is out on bail. Many crucial witnesses in the case are public servants and possibility of influencing can’t be ruled out, it said.

On April 30, the Rouse Avenue Court had dismissed the bail petitions of Sisodia for the second time in the case and said, “This court is not inclined to admit the applicant to bail, either regular or interim, at this stage. The application under consideration is accordingly dismissed.”

Sisodia has been in custody since February 26, 2023, after arrest by the CBI. Thereafter, he was arrested by the ED.

The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority’s approval.

“Kejriwal Denied of Cooler in Jail Despite Scorching Heat”: AAP’s Atishi Claims; Tihar Official Responds

June 4, 2024, 12:49 am

Delhi Minister Atishi accused the BJP of harassing Chief Minister Arvind Kejriwal, who returned to Tihar jail after his interim bail ended. She stated that Kejriwal was arrested in a fabricated case by the BJP, and despite surrendering, he continues to face harassment. Kejriwal has allegedly been denied basic amenities like a cooler, even as temperatures soar to extreme levels in Delhi.

During a briefing, Atishi highlighted the absence of a cooler for Kejriwal amidst the scorching heat, questioning the BJP and the LG sahab’s actions. She emphasized that even notorious criminals in Tihar Jail are provided with coolers, while the popular CM of Delhi is deprived of one.

Responding to Atishi’s allegations, a senior Tihar jail official clarified that coolers are provided based on medical requirements and court orders. Atishi further alleged discrepancies in Kejriwal’s weight measurements during his medical examination, suggesting manipulation by Tihar officials.

She claimed that Kejriwal’s weight significantly dropped since his arrest, yet the ED opposed his bail for medical tests. Additionally, Atishi cited different weight readings obtained from various machines during Kejriwal’s examination on Sunday.

The Tihar jail administration responded, stating that Kejriwal’s weight upon release was 64 kg, measured using the same machine as on Sunday. They affirmed that Kejriwal’s health is being monitored closely, with regular medical checks and insulin administration.

Despite the situation, Kejriwal managed to speak to his wife over the phone on Monday evening, according to the Tihar jail officer.

Take Care of Yourselves, You’ll Be in My Thoughts Even in Jail’, Arvind Kejriwal Tweets Before Surrender

June 2, 2024, 12:03 pm

Delhi Chief Minister Arvind Kejriwal is set to return to prison on Sunday following an order from the Supreme Court. His request for temporary bail on health grounds has been postponed until June 5 by the Delhi court.

In his post on ‘X,’ Kejriwal stated that he would be returning to jail around 3 pm. Before doing so, he plans to visit Mahatma Gandhi’s memorial at Raj Ghat, the party office on DDU Marg, and a Hanuman temple.

“I came out for election campaign for 21 days on the orders of the Hon’ble Supreme Court. I am very grateful to the Hon’ble Supreme Court. Today I will surrender by going to Tihar. I will leave home at 3 pm. First, I will go to Rajghat and pay tribute to Mahatma Gandhi. From there I will go to Hanuman temple in Connaught Place to seek blessings of Lord Hanuman,” the Delhi CM said in his post on X.

“And from there I will go to the party office and meet all the workers and party leaders. From there I will again leave for Tihar. All of you take care of yourselves. If you are happy then your Kejriwal will also be happy in jail,” he added.

Kejriwal, who is in jail for the Delhi excise case, was granted a three-week temporary bail to campaign for the Lok Sabha election 2024, which ended yesterday.

SC Rejects Urgent Hearing For Delhi CM’s Bail Extension Plea

May 28, 2024, 1:07 pm

The Supreme Court on Tuesday denied an urgent hearing for Delhi Chief Minister Arvind Kejriwal’s plea to extend his interim bail for seven days on medical grounds in the Delhi excise policy case. A vacation bench of Justices JK Maheshwari and KV Viswanathan stated that the Chief Justice of India should decide on the listing of Kejriwal’s application.

The bench deemed it appropriate for the Chief Justice of India to make the call on the application for the extension of bail, given that the judgment on the case has already been reserved. On May 17, the Supreme Court had reserved its verdict on Kejriwal’s plea against his arrest by the Enforcement Directorate (ED).

Previously, on May 10, the apex court had granted Kejriwal interim bail until June 1 to campaign for the Lok Sabha election, with a surrender date of June 2.

Senior advocate Abhishek Manu Singhvi, representing Kejriwal, mentioned the application for an urgent hearing. However, the bench responded, “This is a heard and reserved matter. We cannot do anything. Place before CJI for appropriate orders.”

In his fresh application, Singhvi requested “only a 7-day extension. This is just a medical extension and not an abuse of liberty.” The bench inquired why the application had not been mentioned before Justice Dipankar Datta, who was heading a vacation bench last week. Singhvi explained that the medical prescription had been given only the day before yesterday, preventing earlier action.

Justices Sanjiv Khanna and Dipankar Datta had previously heard the main case and granted interim bail to Kejriwal. In his application seeking a one-week extension, Kejriwal stated he needs to undergo diagnostic tests, including a PET-CT Scan. The application indicated that recent medical tests revealed elevated blood glucose and ketone levels, suggesting potential kidney-related complications.

Kejriwal was arrested by the ED on March 21 in connection with a money laundering probe related to alleged irregularities in the now-cancelled Delhi excise policy 2021-22.

Excise Policy Case: Delhi HC to Pass Judgement on Manish Sisodia’s Bail Tomorrow

May 20, 2024, 10:27 pm

The Delhi High Court is set to deliver its verdict on Tuesday regarding the bail pleas filed by Manish Sisodia, a leader of the Aam Aadmi Party and former Deputy Chief Minister of Delhi, in relation to cases filed by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) concerning the Delhi Excise Policy case.

Recently, Justice Swarna Kanta Sharma’s bench reserved its decision on Sisodia’s bail pleas in both cases being probed by the ED and the CBI. During Manish Sisodia’s appearance, Senior Advocates Mohit Mathur and Dayan Krishnan referred to a Supreme Court ruling asserting that prolonged incarceration of the accused is impermissible, emphasizing the right to a speedy trial as a fundamental right. The lawyers also raised concerns about the ED’s conduct, alleging deliberate delays in the trial process.

On April 30, the Rouse Avenue Court rejected Sisodia’s bail petitions for the second time, stating, “…This court is not inclined to admit the Applicant to Bail, either regular or interim, at this stage. The application under consideration is accordingly dismissed.” Special Judge Kaveri Baweja remarked, “It is apparent that the Applicant individually, and along with different accused have been filing one or the other application/making oral submissions frequently, some of them frivolous, that too on a piecemeal basis, apparently as a concerted effort for accomplishing the shared purpose of causing delay in the matter.” The court differentiated between the period of incarceration of Benoy Babu and that of the applicant, noting the applicant’s acknowledgment of contributing to the slow pace of proceedings.

Sisodia has been in custody since February 26, 2023, initially arrested by the CBI and subsequently by the ED. Delhi Chief Minister Arvind Kejriwal and BRS Leader K Kavitha were also arrested in connection with the excise policy case.

The ED and the CBI alleged irregularities in modifying the excise policy, including extending undue favors to license holders, waiving or reducing license fees, and extending the L-1 license without proper approval. The probe agencies claimed that beneficiaries diverted “illegal” gains to accused officials and falsified entries in their account books to avoid detection. Allegedly, the excise department decided to refund earnest money deposits of approximately Rs 30 crore to a successful tenderer against regulations. Additionally, despite no enabling provision, a waiver on tendered license fees was granted from December 28, 2021, to January 27, 2022, citing COVID-19, resulting in an alleged loss of Rs 144.36 crore to the exchequer.

Excise Policy Case: No Bail to BRS leader K. Kavitha

May 7, 2024, 3:39 am

Delhi’s Rouse Avenue Court on Monday dismissed the bail applications filed by BRS leader K. Kavitha in corruption and money laundering cases being probed by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) in connection with the alleged excise policy scam.

Special Judge Kaveri Baweja,has dismissed the applications, saying the stage was not right to grant the relief. K Kavitha is in judicial custody in both the cases lodged by the ED and the CBI. During the hearing the Enforcement Directorate (ED) opposed the plea, alleging that Kavitha had tampered with evidence and influenced witnesses in the case.

The agency accused Kavitha of being a pivotal member of the “South Group,” which purportedly paid kickbacks of Rs 100 crore to the ruling AAP in Delhi in exchange for a significant portion of liquor licenses in the capital. Kavitha, aged 46, was apprehended from her residence in Banjara Hills on March 15 amidst protests by BRS supporters.

‘Arvind Kejriwal will remain Delhi’s CM’: AAP Leader Sanjay Singh

April 30, 2024, 12:10 pm

Senior Aam Aadmi Party (AAP) leader and Rajya Sabha MP Sanjay Singh affirmed that Arvind Kejriwal will continue to serve as the Chief Minister of Delhi, following the Delhi High Court’s statement regarding the incommunicado status of a chief minister in the MCD textbook case. Singh attributed the disruption in the Municipal Corporation of Delhi’s (MCD) work to the Bharatiya Janata Party (BJP) and Lieutenant Governor VK Saxena over the standing committee issue.

The LG secretariat declined to comment on AAP’s accusations, while the BJP deemed the court’s decision as a sign for the chief minister to resign in the public’s interest, labeling it a “black day in Delhi’s history.”

In response to the court’s order, a senior MCD official disclosed that preparations are underway to provide notebooks, stationery, school bags, and uniforms to approximately 650,000 students, with an estimated expenditure of around ₹70 crore. Each student is expected to receive a subsidy of about Rs. 1,100, and measures are being taken to enroll students without bank accounts for direct subsidy transfers.

Regarding the distribution of NCERT textbooks, the official stated that while textbooks for classes 1 to 3 have been updated, those for classes 4 and 5 remain unchanged. The textbooks are procured through the Sarv Shiksha Abhiyan, with distribution set to begin upon receiving the next batch of books.

Regarding other pending works due to the non-formation of the standing committee, the official mentioned that the corporation’s law department will review the court’s order.

In a press conference, Sanjay Singh asserted, “It is the decision of the people of Delhi and its MLAs that Arvind Kejriwal is, was, and will remain the chief minister.” He highlighted a previous survey conducted in Delhi that showed unanimous support for Kejriwal as the Chief Minister.

Singh emphasized Kejriwal’s democratic rights and criticized what he described as the central government and BJP’s dictatorship. He mentioned that a proposal was passed in the assembly, reaffirming support for Kejriwal’s leadership even if he were jailed, ensuring the government would continue to function.

Regarding the impact on MCD’s work, Singh blamed the LG for nominating BJP leaders as aldermen, affecting the standing committee’s formation. He stated that the work of the people of Delhi has not been disrupted, with ministers continuing to work under Kejriwal’s guidance.

Delhi BJP president Virendra Sachdeva commented on the Delhi High Court’s observations, stating that they reprimanded the Delhi government and the Delhi municipal corporation. He suggested that the observations implied Kejriwal should resign in the public’s interest.

Delhi BJP spokesperson Praveen Shankar Kapoor criticized the AAP, suggesting they are running the administration arbitrarily and ignoring constitutional norms. He claimed that the AAP’s reluctance to allow standing committee elections is due to the fear of losing rather than any ideological reason.

Kejriwal’s Appeal to Supreme Court: “Not a single Rupee was traced back to AAP”

April 27, 2024, 6:30 pm

Delhi Chief Minister Arvind Kejriwal submitted a response to the Directorate of Enforcement’s (ED) affidavit to the Supreme Court on Saturday, asserting that there is “no proof or material” indicating that the Aam Aadmi Party (AAP) received funds or illicit kickbacks from the South group, let alone utilized them during 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 and baseless without any corroboration,” Kejriwal responded to the affidavit submitted by ED.

“No proof of even any cash payment was given. There exists no proof or material demonstrating that the AAP received funds or advanced kickbacks from the South group, let alone utilized 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,” as mentioned in the affidavit.

Arvind Kejriwal, the Chief Minister of Delhi, recently submitted an affidavit to the Supreme Court challenging the Enforcement Directorate’s (ED) stance on his arrest. He contended in his response that the central government was abusing its power to conduct arrests during the general election.

He argued that the timing of his arrest, occurring just before the announcement of the Lok Sabha election schedule and the implementation of the Model Code of Conduct, strongly indicates the “arbitrariness” of the ED.

“This timeline establishes the fact that Kejriwal has been arrested intentionally with a malafide intent without any necessity to arrest,” the Chief Minister responded.

The affidavit further stated that the ongoing “classic case” of how the ruling party-led central government has exploited the extensive powers of the Enforcement Directorate (ED) and the Prevention of Money Laundering Act (PMLA) to dismantle the Aam Aadmi Party and its leadership, which serves as its primary political adversary.

In his response, Kejriwal emphasized the absence of compelling evidence tying him to any criminal activities related to the underlying offense, such as the concealment, possession, acquisition, or utilization of proceeds of crime, which are necessary to invoke penalties under Section 3 of the Prevention of Money Laundering Act (PMLA).

The affidavit also asserted that on March 21, 2024, just five days after the declaration of the general elections and the enforcement of the Model Code of Conduct, the Enforcement Directorate (ED) unlawfully detained a sitting Chief Minister and the National Convenor of one of India’s six national Opposition parties.

Kejriwal noted that in the ongoing general elections, the AAP is directly challenging the ruling party at the Center, and highlighted that voting commenced on April 19.

The statement further indicated that Kejriwal’s unjust incarceration has significantly damaged his political party and will unjustly benefit the ruling party at the Center during a critical period of heightened political activity in the ongoing elections.

“A level playing field–which is a pre-requisite for ‘free and fair elections’- has been compromised with the illegal arrest of the Petitioner,” the affidavit stated.

He asserted that he has consistently cooperated with the investigation and cited several Supreme Court rulings stating that non-cooperation by an individual does not justify an arrest.

The Chief Minister’s declaration went on to state that ED linked the purported, “large-scale destruction of evidence” as a ground to arrest Kejriwal, however, it stated, “there is not even a single averment alleging the destruction of evidence of any kind by Kejriwal and hence the said ground is devoid of any merit.”

“Moreover, the respondent (ED), being devoid of any cogent reason, is now raising frivolous and fictitious grounds for justifying the illegal arrest of the Petitioner (Kejriwal),” said the rejoined.

Kejriwal had appealed to the Supreme Court to revoke his detention and remand by the ED regarding the excise policy matter. The apex court had already directed the central agency to provide its response to Kejriwal’s plea.

Arvind Kejriwal, the leader of the Aam Aadmi Party (AAP), had challenged a Delhi High Court decision that dismissed his objection to his ED arrest and remand regarding the excise policy matter.

In his appeal to the highest court, Kejriwal asserted that his detention following the announcement of the general elections was, “motivated by extraneous considerations.”

On April 9, the High Court dismissed his plea for release from custody and dismissed his allegation that the upcoming Lok Sabha elections were driven by political vendetta.

The High Court had indicated that Kejriwal’s failure to adhere to nine ED summonses issued over six months raised questions about his assertion of special privilege as Chief Minister, suggesting that his detention was a consequence of his non-cooperation.

Kejriwal was apprehended by the ED on March 21 as part of a money laundering probe related to alleged irregularities in the now-defunct Delhi excise policy for 2021-2022.

SC to hear CM Kejriwal’s plea against arrest on April 15

April 13, 2024, 1:06 pm

The Supreme Court of India is scheduled to hear Delhi Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate on April 15. This follows the Delhi High Court’s recent decision to uphold his arrest by the central agency.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta will be presiding over the matter, according to news agency ANI.

Arvind Kejriwal was taken into custody by the Enforcement Directorate last month as part of a money laundering investigation related to the Delhi excise policy case. Last week, a Delhi court remanded him to judicial custody until April 15.

Kejriwal subsequently approached the Supreme Court after the Delhi High Court ruled that there had been no violation of legal provisions in his case.

Kejriwal arrest not in contravention of Law, remand can’t be termed ‘illegal’: Delhi HC

April 9, 2024, 4:31 pm

The Delhi High Court on Tuesday rejected Chief Minister Arvind Kejriwal’s petition challenging his arrest by the Enforcement Directorate (ED) in the Excise policy case. The court stated that Kejriwal’s arrest was lawful and cannot be termed as “illegal.”

Justice Swarna Kanta Sharma, presiding over the bench, noted that the ED had sufficient evidence to justify Kejriwal’s arrest. Kejriwal’s failure to cooperate with the investigation and the delays caused by him were also affecting others in judicial custody.

According to the material collected by the ED, Kejriwal was allegedly involved in a conspiracy and actively participated in the use and concealment of proceeds of crime. The ED’s case indicates that he was involved both in his personal capacity and as the convenor of the Aam Aadmi Party (AAP).

The court emphasized that Kejriwal’s arrest and remand should be evaluated according to the law and not based on the timing of elections. The court dismissed Kejriwal’s argument that his arrest before the general elections lacked justification in the absence of any malice on the part of the ED.

Kejriwal had alleged in his plea that the ED had failed to prove at the time of his arrest that he was guilty of the activities specified under Section 3, such as concealment, possession, acquisition, or use of proceeds of crime.

Kejriwal was arrested by the ED on March 21 in connection with the excise policy case. The trial court later remanded him to judicial custody until April 15, 2024. The ED has alleged that the AAP is the primary beneficiary of the proceeds of crime generated in the alleged liquor scam and that Kejriwal was directly involved in formulating the excise policy.

The case revolves around alleged irregularities and money laundering in the framing and implementation of the Delhi Excise Policy 2022, which was subsequently scrapped.

Although Kejriwal’s name was not mentioned in the FIRs registered by the ED or the Central Bureau of Investigation (CBI) in the Delhi excise policy case, it first appeared in the ED’s chargesheet. The agency claimed that Kejriwal had a video call with one of the main accused, Sameer Mahendru, and instructed him to continue working with co-accused and AAP communications-in-charge Vijay Nair.

Nair was one of the first individuals arrested by the CBI in 2022. Following this, former deputy chief minister Manish Sisodia and Rajya Sabha MP Sanjay Singh were also arrested in connection with the case. However, Singh was granted bail by the Supreme Court last week.

Delhi Court extends judicial custody of BRS leader K Kavitha till April 23 in Excise Policy Case

April 9, 2024, 1:04 pm

The Rouse Avenue Court on Tuesday extended the judicial custody of Bharat Rashtra Samithi (BRS) MLC K Kavitha till April 23, 2024, in relation to the excise policy money laundering case.

The Special Judge, Kaveri Baweja, allowed the plea of the Enforcement Directorate, stating that she’s made attempts to influence the witnesses, and tampered with evidence and hence her judicial custody should be extended by 14 days.

Advocate Nitesh Rana appeared for K Kavitha and opposed the ED plea, stating that there’s nothing new since she was arrested, there are no new grounds. The application doesn’t mention anything.

Meanwhile, the Court had refused to permit K Kavitha to address personally/orally and said she could give her submissions in written form.

Advocate Zoheb Hossain along with Naveen Kumar Matta and Simon Benjamin appeared for the Enforcement Directorate in the case while Advocates Nitesh Rana, Deepak Rana and Mohit Rao appeared for accused K Kavitha.

Recently, the same court had allowed the CBI plea to quiz/examine K Kavitha during judicial custody in the Tihar Jail on any day of the coming week.

CBI, through the application, sought court permission to interrogate, quiz and record the statement of BRS Leader K Kavitha regarding WhatsApp chats recovered from Buchi Babu’s phone and documents to a Land deal post which 100 crores were allegedly paid to Aam Aadmi Party in Kickbacks

The Directorate of Enforcement (ED) arrested K. Kavitha MLC, Telangana Legislative Council, on March 15, 2024, in the case of the Delhi Liquor Policy Scam. A search was also conducted at the residence of K. Kavitha in Hyderabad on March 15, 2024. During the search proceedings, the ED officials were obstructed by the relatives and associates of K. Kavitha, said ED through a statement.

ED investigation revealed that K Kavitha along with others conspired with the top leaders of AAP including Arvind Kejriwal and Manish Sisodia to get favours in the Delhi Excise policy formulation and implementation. In exchange for these favours, she was involved in paying Rs 100 Crore to the leaders of AAP.

Through acts of corruption and conspiracy in the formulation and implementation of Delhi Excise Policy 2021-22, a continuous stream of illegal funds in the form of kickbacks from wholesalers was generated for the AAP. Further, K. Kavitha and her associates were to recover the proceeds of crime paid in advance to AAP and to generate profits or proceeds of crime from this entire conspiracy, stated ED.

To date, the ED has conducted searches on 245 locations across the country, including Delhi, Hyderabad, Chennai, Mumbai and other places. 15 people, including Manish Sisodia, Sanjay Singh and Vijay Nair from AAP, have been arrested in the case so far.

ED has filed 1 Prosecution Complaint and 5 Supplementary Complaints in the case so far.
Further, out of the proceeds of crime generated, assets worth Rs 128.79 crore have been traced so far and have been attached via provisional attachment orders dated January 24, 2023, and July 3, 2023. Both the attachment orders have been confirmed by the adjudicating authority in New Delhi.

ED has filed its first chargesheet in the case. The agency said it has so far undertaken nearly 200 search operations in this case after filing an FIR taking cognizance of a CBI case that was registered on the recommendation of the Delhi Lieutenant Governor.

The CBI inquiry was recommended on the findings of the Delhi Chief Secretary’s report filed in July showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules- 2010, officials had said.
The ED and the CBI had alleged that irregularities were committed while modifying the Excise Policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority’s approval. The beneficiaries diverted “illegal” gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies said.

As per the allegations, the excise department had decided to refund the earnest money deposit of about Rs 30 crore to a successful tenderer against the set rules. Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021, to January 27, 2022, due to COVID-19, the probe agency said and there was an alleged loss of Rs 144.36 crore to the exchequer.

K Kavitha files petition against court’s approval for CBI to question her in Tihar

April 6, 2024, 1:18 pm

Bharat Rashtra Samithi (BRS) MLC K Kavitha has filed an application in Delhi’s Rouse Avenue Court opposing the CBI’s permission to question her in Tihar Jail regarding the state excise policy case.

In her plea, Kavitha expressed concern that the CBI may have misrepresented facts to obtain a favorable court order without her knowledge. She requested the court to suspend its order until her side is heard.

The Special Judge, Kaveri Baweja, granted the CBI time to respond to Kavitha’s application opposing the permission granted for the interrogation. The matter is scheduled for hearing on April 10, 2024.

The plea was filed by Advocate Deepak Nagar on behalf of K Kavitha. Senior Advocate Vikram Chaudhari and Advocate Nitesh Rana represented Kavitha in court.

On Friday, the Delhi Court permitted the CBI to question K Kavitha during judicial custody in Tihar Jail on any day of the coming week.

The CBI sought court permission to interrogate K Kavitha and record her statement regarding WhatsApp chats recovered from Buchi Babu’s phone and documents related to a land deal in which allegedly 100 crores were paid to the Aam Aadmi Party in kickbacks.

Previously, on March 26, 2024, the Rouse Avenue Court remanded Bharat Rashtra Samithi (BRS) MLC K Kavitha to judicial custody until April 9, 2024. She was arrested in connection with a money laundering case related to the Delhi excise policy.

The Enforcement Directorate (ED) arrested K Kavitha MLC, Telangana Legislative Council, on March 15, 2024, in the Delhi Liquor Policy Scam case. A search was conducted at her residence in Hyderabad on the same day. During the search, ED officials were obstructed by K Kavitha’s relatives and associates, according to an ED statement.

ED investigation revealed that K Kavitha conspired with top AAP leaders, including Arvind Kejriwal and Manish Sisodia, to obtain favors in the formulation and implementation of the Delhi Excise policy. In exchange, she allegedly paid Rs. 100 crores to AAP leaders.

Till date, the ED has conducted searches at 245 locations across the country. Fifteen people, including Manish Sisodia, Sanjay Singh, and Vijay Nair from AAP, have been arrested in the case. ED has filed 1 Prosecution Complaint and 5 Supplementary Complaints.

Assets worth Rs. 128.79 Crore, generated from the proceeds of crime, have been traced and attached. ED has filed its first chargesheet in the case.

The CBI inquiry was recommended based on findings of a report by the Delhi Chief Secretary, showing prima facie violations of several laws. The ED and the CBI alleged irregularities in the modification of the excise policy, undue favors to license holders, and diversion of “illegal” gains to accused officials.

Delhi CM Kejriwal withdraws his petition from SC against his arrest by ED

March 22, 2024, 1:50 pm

Delhi Chief Minister Arvind Kejriwal withdrew his petition challenging the arrest by the Enforcement Directorate (ED) at his residence regarding the Delhi excise policy case tied to a money laundering investigation on Friday. Senior advocate Abhishek Manu Singhvi, representing Kejriwal, informed a two-judge bench led by Justice Sanjiv Khanna of the withdrawal, citing a scheduling conflict with the ED’s remand hearing in the trial court. Singhvi stated, “Because (ED) remand is clashing, decided to withdraw it… will fight the remand and come back to your Lordships.” Justice Khanna responded, “You need not be present, you may go there.” Singhvi mentioned that he would submit a letter to the apex court Registry regarding the withdrawal of the plea.

Earlier in the day, the apex court had agreed to hear Kejriwal’s plea against his arrest by the ED. A special bench comprising Justices Sanjiv Khanna, MM Sundresh, and Bela Trivedi was scheduled to hear the matter. Initially, Singhvi brought up Kejriwal’s plea before a bench led by Chief Justice of India DY Chandrachud for an urgent hearing. “If this process goes on, before the first vote is cast, a lot of senior leaders will be behind the bars. Please take it up,” Singhvi urged the bench. Subsequently, CJI Chandrachud directed Singhvi to mention the plea before a special three-judge bench led by Justice Sanjiv Khanna, which was already hearing the plea of BRS leader K Kavitha against her arrest by the ED in a liquor policy case.

The petition filed by Kejriwal challenged his arrest by the ED subsequent to the incident that occurred the previous night. On Thursday, the Delhi High Court declined to grant Kejriwal any protection from coercive action in the excise policy-linked money laundering case. It deferred the consideration of AAP leader’s application seeking protection for further review on April 22, coinciding with the hearing of his main petition challenging the summons, and instructed the Enforcement Directorate to file its response.

During the court proceedings, the Enforcement Directorate presented documents related to the probe and argued for the necessity of summoning Kejriwal for questioning. Kejriwal had approached the court following the issuance of the ninth summons by the ED, requiring him to appear before them on Thursday.

The case revolves around alleged corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22, which was subsequently annulled. AAP leaders Manish Sisodia and Sanjay Singh are currently in judicial custody in connection with this case. Kejriwal’s name has been mentioned multiple times in the chargesheets filed by the ED, which alleges that the accused had liaised with Kejriwal in formulating the excise policy, resulting in undue benefits for them, in exchange for kickbacks to the party.

Excise policy case: Arvind Kejriwal moves fresh plea in Delhi HC

March 21, 2024, 9:25 am

Delhi Chief Minister Arvind Kejriwal filed a fresh plea in the Delhi High Court on Thursday, requesting protection from any coercive measures against him. The division bench, headed by Justice Suresh Kumar Kait, is scheduled to address the matter this morning. The Enforcement Directorate has issued nine summons to him thus far in connection with the liquor policy ‘scam’ case.

Kejriwal informed the Delhi High Court on Wednesday that he would not cooperate with the Enforcement Directorate, citing a perceived intention to arrest him, especially with elections looming. This response followed the court’s inquiry into why he hadn’t appeared before the investigating agency regarding questioning in a money-laundering case linked to the excise policy. The court sought the agency’s stance on Kejriwal’s plea contesting the issued summonses.

In light of the latest summons instructing him to appear on Thursday, March 21, Kejriwal approached the court, reiterating his refusal to comply with the agency’s directives, deeming them unlawful. The court noted that immediate arrest is not standard protocol, as the investigating agency typically outlines reasons for such action if warranted. However, citing the arrests of AAP leaders Sanjay Singh and Manish Sisodia in a similar context, Kejriwal’s senior lawyer suggested a shift in operational methods.

“I am willing to appear and answer queries, but I require protection. I am not evading or fleeing. I will present myself, but safeguards are necessary, no coercive measures,” Singhvi asserted. “I am not a common criminal. Where could I possibly flee? Does anyone have deeper roots in society than me?” he questioned the bench.

Singhvi further argued that the ED summoned Kejriwal without clarifying whether he’s considered an accused, suspect, or witness. The court advised that Kejriwal would ascertain his legal status upon complying with the summonses and questioned why he hadn’t pursued appropriate legal recourse if anticipating arrest.

The court reminded Kejriwal of his citizenship and emphasized that the summons was directed specifically to him.

‘Entire episode was orchestrated to target Delhi CM’ Atishi on ED raids

February 7, 2024, 12:59 pm

One day after the Directorate of Enforcement (ED) conducted raids on members of the Aam Aadmi Party (AAP), Delhi minister Atishi asserted on Wednesday that the officials failed to disclose details of the case that led to the crackdown. Atishi alleged that the entire episode was orchestrated to target Chief Minister Arvind Kejriwal.

During a press briefing, Atishi disclosed that ED officials, in the 16-hour raids at the residence of Delhi Chief Minister’s personal assistant Bibhav Kumar on Tuesday, did not specify the case under which the searches were conducted. She underscored, “This would probably be the first time in the history of ED that a raid was conducted and it lasted for 16 hours, but it was not mentioned anywhere in writing under which case these searches were conducted.”

Presenting a document, she pointed out that, unlike previous raids, ED did not provide details of the case during the recent operation. Atishi added, “The raid went on for 16 hours in the house of Kumar. During that time, ED officers were sitting in Bibhav Ji’s drawing room. Headlines were made across that raids were going on, but neither any search or seizure was made nor any grilling was done.”

The ED conducted searches at around 10 locations, including premises associated with AAP’s Rajya Sabha MP ND Gupta. Atishi argued that these actions demonstrated the true intentions of the ED, asserting, “This proved that the raids that are taking place, and the summonses that are being issued, are being done only for the purpose of attacking Delhi Chief Minister Kejriwal.”

She accused the Bharatiya Janata Party (BJP) and Prime Minister Narendra Modi of employing ED to target leaders close to Kejriwal. Atishi suggested, “The Bharatiya Janata Party and Prime Minister Narendra Modi know that there is only one leader who can challenge them, that is Kejriwal. So now ED has been openly tasked with putting all the leaders close to Kejriwal in jail.”

The raids were reportedly part of a money laundering probe by the agency. Simultaneously, the agency moved against AAP national convenor Arvind Kejriwal in court for the fifth time for skipping summons related to the Excise policy case. Earlier in the month, the Delhi crime branch issued a notice to Kejriwal to join a probe into allegations that the BJP attempted to “poach” MLAs to topple his government.

Excise policy case: Delhi court extends the ED custody of AAP MP Sanjay Singh till October 13

October 10, 2023, 5:38 pm

In connection with the now-discontinued Delhi liquor policy case, the Rouse Avenue Court in this city on Tuesday increased the Enforcement Directorate’s custody of Aam Aadmi Party MP Sanjay Singh until October 13. After his five days in ED custody came to an end today, the senior AAP leader was brought before the court. ED had asked for an additional five days of custody on the grounds that Singh was being uncooperative and withholding information about his old phone. ED informed the court that Sarvesh Mishra, a close associate of his, “is also not cooperating.” The agency added that evidence gathered indicates that a bribe was required to secure liquor licenses.

On October 4, Sanjay Singh was taken into custody following a day-long interrogation by ED agents at his home in Delhi. Sanjay Singh was later remanded in custody until October 10, 2023 in connection with the Delhi Excise Policy Case by the Court on October 5. Manish Sisodia, a former deputy chief minister of Delhi and member of Sanjay Singh’s party, is allegedly also involved in the same liquor policy scandal. He is currently incarcerated in relation to the same. The CBI detained the former deputy chief minister of Delhi and minister of excise for the first time on February 26 in connection with the scam.