Spirited Sparring: What have the two sides argued in the Arvind Kejriwal case so far?

Kejriwal himself briefly argued his case at the Rouse Avenue court on March 28. Moneycontrol takes a look at the arguments made so far in the matter  by both the sides.

ED’s arguments

On March 21, the Delhi CM was arrested after he skipped nine ED summons for six months in the alleged excise policy case. While he had challenged his arrest in the Supreme Court (SC) initially, he chose to withdraw it and  challenge his remand the following day.

He was produced for the first time at the Rouse Avenue court on March 22. The ED sought  a 10-day custody of the Delhi CM. During the hearing, Additional Solicitor General (ASG) SV Raju, who appeared for ED, contended that Kejriwal  had a key role to play  in the alleged irregularities in the now-scrapped Delhi excise policy, 2021-22.  "He was directly involved in the formulation of the policy and  handling of the proceeds of crime," said Raju.

The ED also contended that Kejriwal did not turn up for questioning when summons were issued to him and was  non-cooperative, hence, the agency had  sought  his remand.

The ASG told the court that there was concrete evidence of alleged irregularities in the now-scrapped excise policy, and its proceeds being used to fund the AAP election campaign in Goa in 2022. Further, Raju alleged that the proceeds of the scam were transferred to Goa using the hawala route.

According to the ASG, the proceeds of the crime, in addition to the bribes received, amounted to over Rs 600 crore. It is the ED’s contention that Kejriwal colluded with the South group and received kickbacks from them in exchange for devising an excise policy favouring them.

The South group represents a group of individuals from south India who financially benefitted from the formulation of Delhi’s excise policy.

The ED also contended that Kejriwal had connections with a person named Vijay Nair, who brokered deals on behalf of AAP leaders.

The ED had made elaborate arguments  on March 22 after Kejriwal’s arrest, and sought time to file a response to Kejriwal's plea at the Delhi HC on March 27. On March 28, Kejriwal himself  said he had no objection to his custody being extended.

Kejriwal’s arguments

Senior Advocate Abhishek Manu Singhvi, who opened the arguments for Kejriwal, argued that there was no direct evidence linking Kejriwal to the alleged irregularities, except for some witness statements.

"There is no direct evidence except these statements saying `I met Mr Kejriwal' etc.," he said, and added that the witnesses were under pressure to name Kejriwal.

Singhvi also said that these attempts were being made to affect AAP's chances in the upcoming elections. "Four senior leaders of his party have been arrested. There will be no level playing field," he said, adding that there was no need to arrest Kejriwal  in March 2024. "In your grounds of arrest, there is no ground to arrest me," he argued.

After Kejriwal was remanded for six days on March 22 by the Rouse Avenue court, he moved the Delhi High Court challenging his arrest and remand. At the HC, Singhvi argued that the, "Object of the arrest was not to find material but to disable me and my party. My prayer is, release me now."

Singhvi also questioned how a person could be arrested for not cooperating with an enquiry. According to him, four exculpatory statements  were classified  as unreliable by the ED. However, two statements made against him in 2023 paved the way for his arrest.

The larger argument made by Kejriwal’s lawyers is that every person who has given a statement against him initially refused to do so. For example, Raghav Magunta, son of Andhra Pradesh YSR Congress  leader Magunta Srinivasulu Reddy, had given statements in Kejriwal’s favour, however the ED refused to consider them. Further, Magunta was released on bail only after he decided to speak against Kejriwal and turn approver.

Kejriwal and his lawyers contended that Sarath Reddy, son of Aurobindo Pharma founder PV Ram Prasad Reddy, was forced to pay Rs 55 crore — via electoral bonds — to the BJP as protection money, and demanded a thorough investigation into the matter by the ED.

What will happen now?

Kejriwal will be produced in the Rouse Avenue court on April 1 (Monday), which will have decided whether his  custody should be extended or not. On April 3, the Delhi High Court will hear Kejriwal’s plea challenging his arrest. Kejriwal has contended that his arrest is  in violation of  the constitution as it denies a level playing field in the upcoming elections.