New Delhi: In a 55-page affidavit filed before the Supreme Court on Saturday, Delhi chief minister Arvind Kejriwal said that the Enforcement Directorate has acted in a "most highhanded manner" in a money-laundering case linked to the alleged excise policy scam.
In a rejoinder to the ED's counter affidavit filed on his petition challenging his arrest in the case, Mr Kejriwal said he has always cooperated with the investigation.
Under the title “ED’s style of functioning", Mr Kejriwal’s affidavit said that recently the Supreme Court sounded a word of caution to the ED in resounding words.
Quoting the apex court’s observation, Mr Kejriwal said, “Being a premier investigating agency charged with the onerous responsibility of curbing the debilitating economic offence of money laundering in our country, every action of the ED in the course of such exercise is expected to be transparent, above board and conforming to pristine standards of fair play in action. The ED, mantled with far-reaching powers under the stringent Act of 2002, is not expected to be vindictive in its conduct and must be seen to be acting with utmost probity and with the highest degree of dispassion and fairness.”
Claiming that the ED has never spelt out the alleged non-cooperation by him, Mr Kejriwal said, "The requirement of not calling the petitioner (Mr Kejriwal) either through an authorised agent or seeking information or documents from him in writing or through a virtual mode and insisting on his presence physically in person is not forthcoming."
The arrested Delhi chief minister said the ED, in its counter affidavit filed in the apex court, has said that one of the reasons that necessitated his arrest was that he did not remain present before the investigating officer (IO) despite being summoned nine times.
The ED has said in its reply that in such a case, the IO was justified in forming an opinion that custodial interrogation will lead to "a qualitatively more elicitation-oriented" questioning of the accused, Mr Kejriwal said.
"The aforementioned tenor, text and contents of the reply leave no manner of doubt that the ED has acted in a most highhanded manner in a gross affront to the due process of law," he said.
He further said that a cumulative reading of the ED's stand in its reply will expose the "bogey and blatant falsehood" in the conduct of its proceedings.
The record will reveal that each and every summons issued to him was duly
responded to while seeking vital details and information, which under no circumstances can be claimed to be privileged or confidential by the ED.
The AAP leader said his plea deserves to be allowed and he is entitled to be released forthwith.
In its counter-affidavit filed in the apex court earlier this week, the ED has claimed that Mr Kejriwal is the "kingpin and key conspirator" of the excise policy scam and the arrest of a person for an offence based on material can never violate the "concept of free and fair elections".
The ED also claimed that Mr Kejriwal worked in collusion with his ministers and the AAP leaders and was also involved in "demanding kickbacks" from liquor businessmen in exchange for favours granted in the now-scraped liquor policy.
Terming Mr Kejriwal's petition challenging his arrest as "devoid of merit" and liable to be dismissed, the ED has said the material that formed the basis for the satisfaction of the IO for arresting him had been perused by different courts.
The ED arrested Mr Kejriwal on March 21 after the Delhi high court refused to grant him protection from coercive action by the anti-money laundering agency. He is currently undergoing judicial custody in Tihar jail.
On April 15, the top court issued a notice to the ED and sought its response to Mr Kejriwal's plea.
The high court had on April 9 upheld Mr Kejriwal's arrest in the money laundering case, saying there was no illegality about it and that the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.
The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's excise policy for 2021-22, which was subsequently scrapped.
