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ASG: This trial court order is not a mechanical order. there is application of mind. The court has perused the material on record and the details furnished by the Investigating Officer.

ASG: Intimation of arrest was also given to his wife.

ASG: There are clear reasons given by us. The compliance of Section 19 PMLA is fulfilled.

ASG now refers to ED’s remand application and the order passed by the trial court remanding Kejriwal to ED custody.

ASG: There is no dispute that he (kejriwal) was produce in 24 hours of arrest. he was also given the grounds of arrest as required by Pankaj Bansal case.

ASG now refers to Section 19 PMLA and ED’s power to arrest.

ASG: Large number of accused in this case have been found prima facie guilty of offence of money laundering by virtue of their bail being denied… Today we are not even at the stage of Section 45 or bail.

ASG: As far as other accused are concerned the courts have come to the conclusion that there are no grounds for bail because of rigours of Section 45 PMLA.

ASG: The statements of witnesses… there are statements to show that outsiders were involved from the drafting of the policy to its formulation.

ASG: The Court cannot substitute itself in the place of the investigating officer.

ASG: Whether the statements are to be believed or not to be believed is a matter of trial.

ASG: Take a case of terrorist who is also a politician. he blows up army vehicle and says i want to contest elections so you can’t touch me? What kind of argument is this?

ASG: Aam aadmi has to go behind bars if he has committed a crime but because you are a chief minister you can’t be arrest? You will loot the country but no one can touch you because the elections are coming? You say your arrest will infringe on basic structure? what type of basic structure is this?

ASG: Criminal and undertrials have no business to say that we will commit a crime and will not be arrested because elections are here. This is completely ridiculous. it will give license to criminals to roam around freely.

ASG: I will give an illustration. Suppose a political person committs a murder 2 days before elections. Would he not be arrested? Will his arrest disturb basic structure? You commit a murder and say i can’t be arrested because it would infringe on basic structure.

ASG again refers to Vijay Nair’s role.

ASG: The settled position of law is that suppose in a murder case if the dead body is not found, even then a person can be tried for murder. Just because the body is not found doesn’t mean there is no murder.

ASG: He (Kejriwal) is involved personally and vicariously.

ASG: Argument is agar maine kuchh kiya to mere ghar se kuchh milega. Lekin agar aapne paisa kisi aur ko de diya to aapke ghar se kahan se milega?

ASG: Where is the question of mere ghar kuchh nahi mila? Paisa to aapne Goa election m use kar liya… When ED asks you kahan hain paisa? you say mujhe nahi pata.

ASG refers to PMLA provisions.

ASG: Today his (Kejriwal) attitude is I am a saint but actually you have done is very tactically. ED has found the evidence through hard work.

ED also has constraints. Large number of phones and electronic devices have been destroyed. This is crores in value. You don’t destroy or change your phones like this. You acted through middleman like Vijay Nair: ASG.

ASG: All this is much prior to election. Now they are saying there is election. The fact that liquor policy was fudged to give profits and receive kickbacks is long back. election is only being used as bogey. it is not as if ED has become active now.

ASG refers to role of AAP communications in-charge Vijay Nair.

This is accepted right till the Supreme Court. So the fact that there was a scam is beyond doubt today. No matter how much you cry but it is clear that there was a scam and government exchequer suffered a loss because of that: ASG.

Earlier the wholesaler profit was 5% it was increase to 12%. It was done so that 7% portion can be used to give kickbacks and bribes: ASG.

ASG cites an examples of a vendor was was coerced to surrender the license.

ASG: IndoSpirits was blacklisted. So the files were moved to get it the license. The firm was granted wholesale license despite allegations of cartelisation. The complainant was forced to take back the complaint.

ASG: Those who did not give kickbacks were asked to surrender licenses so that those who gave the bribe could be faciliated.

ASG: Vijay Nair was working from Kailash Gahlot’s office. That house/office was right beside CM’s house, he could practically jump to that house.

ASG refers to SC’s order in Manish Sisodia’s case.

ASG: Right up to Supreme Court, there has been no bail. It means there is a prima facie case.

ASG now refers to Section 45 PMLA.

My contention is going to be that large number of accused have been denied bail by trial court, HC and Supreme Court. In a money laundering case one of the reasons is that prima facie guilt… If the bail is rejected it means there is prima facie case of money laundering: ASG.

ASG now refers to Section 45 PMLA.

ASG: Five times the magistrate has taken cognisance…

ASG referring to a judgement.

ASG: These five cognisance orders have not been challenged or set aside.

ASG: This indicates that a prima facie case of money laundering is made out. I am relying on two judgements for this.

Cognisance indicates there is a prima facie case for trying the offence: ASG.

ASG: All the five prosecution complaint the cognisance has been taken.

ASG continues reading the trial court order.

ASG: There is caterogical finding that there has been money laundering. This order has not been challenged. It is accepted by all the accused.

ASG: Why am I saying this? because courts have taken cognisance. Please see the first cognisance order. It is a settled position that cognisance is of offence not offender.

ASG refers to the first cognisance order in the Delhi Excise Policy case.

ASG: The fact that the offence of money laundering has taken place is beyond any doubt.

ASG: This is a bail application in the guise of a writ petition. This is nothing but bail application to overcome the rigours of Section 45 PMLA.

ASG: This is an academic exercise that they want to have today.

ASG: Today a person is arrested, he is remanded to police custody for 5 days. A writ is filed challenging arrest and remand. Thereafter, he is put in further demand by subsequent orders.. So even if the first remand order is set aside you cannot come out unless the subsequent orders are set aside.

ASG: The first prayer in the petition is akin to habeas corpus.

ASG: Even if the earlier order is bad, unless the subsequent orders are set aside, he is not entitled to relief.

ASG: On this ground alone, his challenge is liable to be rejected:

ASG: Please see the third order where he is sent to JC. Even here he says he does not oppose. They are blowing hot and cold at the same time. It is clear case of acquiscence and waiver.

ASG: He voluntarily says please remand me.

ASG: The first remand was only till 28 March. Today we are on April 3. The second and third remand orders have not been challenged. Today his custody is not pursuant to the arrest or first remand order. Today his custody is pursuant to third remand order which is not under challenge. Even if he had challenged the order, that challenge was not valid because he himself said I do not oppose remand.

ASG: The third point is that he has challenged the arrest under Section 19 and the first remand order. Today there are three remand orders.

ASG: Today as far as Kejriwal is concerned, the investigation is not over. It is at a nascent stage.

ASG: We are wanting to attack some properties of AAP. If we do that then they will say “election k time p ye sab kiya?” (loose translation: what is all this at the time of elections?). If we don’t do that then they will say “kahan hain proof? (translation: where is the proof?).” So I am in a bit of a dilemma.

ASG: I am in a bit of a dilemma. This plea has been argued as if it is a bail application not a plea for quashing of the arrest.

Read More: LIVE UPDATES from Delhi High Court

2024-04-03 10:05:40

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