ED says Kejriwal gave evasive replies during interrogation

New Delhi: The Enforcement Directorate (ED) on Monday moved a plea before a court here seeking 15 days' judicial custody of Chief Minister Arvind Kejriwal who was arrested in the alleged Delhi excise policy 'scam' case.

Underscoring that Kejriwal was misleading the agency, the ED said it was still investigating the chief minister's role, unearthing the further proceeds of the crime and identifying the other persons involved with the activities related to proceeds of crime.

Special Judge Kaveri Baweja sent Kejriwal to judicial custody till April 15.

In its remand application, the ED said during Kejriwal's custodial interrogation, he gave 'evasive replies' and concealed information.

It said the chief minister's statements were taken over a period of nine days and he was confronted with the statements of different witnesses, approvers and other co-accused.

The plea listed 'few of the glaring examples of evasive and misleading replies' given by Kejriwal.

'He (Kejriwal) stated that Vijay Nair did not report to him but to Aatishi Marlena and Saurav Bharadwaj and his interaction with Nair was limited,' it said.

The statements of Nair, however, revealed that he stayed in a cabinet minister's bungalow and worked from the chief minister's camp office, the remand application said.

"It was also put to the arrestee to explain that why would someone, who reported to other leaders of AAP, work from his camp office which anyways is meant for the work of the CM of Delhi and not for the party. Kejriwal evaded replying to this by claiming unawareness to the persons who work at the CM camp office," it said.

The plea underlined that Nair was not some small time volunteer in the party but head of media and communications.

'The arrestee (Kejriwal) has not answered the questions posed to him by questioning the authenticity of digital evidence shown to him. The arrestee also did not reveal the passwords of his digital devices which inhibits the evidence collection and also shows his non-cooperation,' it said.

The application said Kejriwal was shown the evidence of more than 10 meetings of Nair with other co-accused persons involved in liquor business including liquor manufacturers, wholesalers, retailers and even middlemen like Dinesh Arora and Abhishek Boinpally.

'It was put to the arrestee to explain the authority with which Nair attended these meetings, the arrestee evaded the question by claiming unawareness of these persons and it is clear that a senior functionary like Nair who closely worked with the arrestee wouldn't be able to assert himself without the sanction and approval of the head of the party,' it said.

'This is also because the ultimate benefit of these conspiracies or meetings was reaped by the AAP in the Goa election campaign,' the remand application added.

It said Kejriwal was shown the evidence of hawala transfers of around Rs 45 crore, which was corroborated with CDR locations, call records, WhatsApp chats, seized data of the hawala firm in Goa and proof of payments being made.

He was also shown multiple statements of witnesses who worked on the AAP campaign in Goa and who received cash from one Chanpreet Singh who was working for the AAP campaign in Goa, the plea said.

It said, 'Even after showing all the above evidence, the arrestee claimed unawareness even though the beneficiary of these funds is the AAP which is headed by him.'

The application said Kejriwal provided 'false and contrary evidence vis-a-vis other members of the AAP'.

It said AAPs national treasurer N D Gupta had stated that national convener of the party, Kejriwal, appointed the state election in-charge or 'prabhari', who managed all matters regarding election campaigns. Durgesh Pathak was chosen as the 'prabhari' for Goa elections.

Kejriwal, however, stated that it is the Political Affairs Committee (PAC) which decided the state election in-charge, the remand application said.

It said,'Kejriwal who first says that N D Gupta is an active member of the party and is a member of PAC and has knowledge of the party functioning but when confronted with Gupta's statement revealing that the national convenor takes such decisions, Sh Arvind Kejriwal calls the national treasurer (Gupta) confused.'

The plea sought Kejriwal's 15-day judicial custody on the grounds that he was 'highly influential' and if released, there was every likelihood that the chief minister would influence witnesses and tamper with the evidence.

'That the department (ED) is still further investigating the role of the arrestee in the instant matter and is unearthing the further proceeds of crime and identifying the other persons who are involved or connected with the process or activities related to proceeds of crime,' it said.

The remand application said investigation into the economic crimes was more complex than the ordinary crimes as economic offenders are resourceful and influential persons and committed the said crimes in a carefully planned and meticulous manner.

The ED also said the judicial custody could be granted while reserving the right of the agency to take further custody of Kejriwal during the permissible period, if required, in accordance with law.