'Can't be different standard for arrest for a CM,' ED calls Kejriwal kingpin of liquor scam

The Enforcement Directorate claimed that Kejriwal worked in collusion with his ministers and AAP leaders and was also involved in 'demanding kickbacks' from liquor businessmen in exchange for favours granted in the policy.

New Delhi: The Enforcement Directorate has told the Supreme Court that the arrest of a person for an offence based on material can never violate the “concept of free and fair elections," as it again called Delhi Chief Minister Arvind Kejriwal as the "kingpin and key conspirator" of the excise policy scam.

It claimed that Kejriwal worked in collusion with his ministers and AAP leaders and was also involved in “demanding kickbacks” from liquor businessmen in exchange for favours granted in the policy.

In its reply affidavit to a writ petition by Kejriwal, the agency said there are no different provisions in the PMLA, 2002 for different standards of evidence to be available to arrest a Chief Minister or a common citizen and the petitioner by emphasising his position is attempting to carve out a special category for himself which cannot be accepted.

It also opposed Kejriwal's contention that his arrest violated basic structures and doctrine of free and fair elections.

The agency, which arrested Kejriwal in the case on March 21, said, "The arrest of a person, however high he may be, for a commission of offence based on material, can never violate the concept of free and fair elections."

"If his argument is accepted, politicians who are criminals would be granted immunity from arrest on the ground that he is required to canvass in the election," it said.

It also contended 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 agency pointed out that the arrest of Kejriwal was made because the investigating officer is in possession of material as required under Section 19 which would indicate his guilt of the offence of money laundering punishable under the PMLA.

"A differential treatment in favour of a politician who is guilty of the offence of money laundering would violate 'rule of law' which would be a violation of the basic structure of the Constitution," it said.

Justifying his arrest, the ED said Kejriwal had been arrested bona fide and not for any mala fide or extraneous reasons.

It pointed out that Kejriwal was involved in the use of proceeds of crime thus generated in the Goa election campaign of the AAP to which he is the convenor and the ultimate decision maker.

The ED said Kejriwal has demanded kickbacks from the South Group in exchange for awarding favours to them in the formulation and implementation of the Excise Policy 2021-22 and highlighted that the chief minister was avoiding interrogation by not being present before the investigating officer despite nine summonses.