ED's claims of destroying evidence 'baseless', arrest 'politically motivated': CM Kejriwal in affidavit in SC
New Delhi: Delhi Chief Minister Arvind Kejriwal has filed a counter affidavit within the Supreme Court docket in response to the submissions of the Enforcement Directorate (ED), during which the investigating company had claimed that the accused, together with others, had seized a complete of greater than 170 cell phones. Had been changed/destroyed. Throughout the interval of the alleged excise coverage rip-off.
Kejriwal, in his affidavit, has refuted ED's claims of destruction or disappearance of proof associated to cell phones, saying there is no such thing as a proof to help such allegations towards him. The AAP supremo has condemned his arrest as politically motivated and argued that it unfairly advantages the ruling get together throughout the ongoing elections, compromising the precept of 'free and honest elections'.
He termed the ED's claims of “large-scale destruction of evidence” as baseless and devoid of advantage, calling it a determined try and rationalize his unlawful arrest.
The CM has criticized the conduct of the ED, accusing them of arbitrariness and disrespect for due course of.
The AAP chief described the case as a main instance of misuse of businesses like ED by the central authorities to suppress political opponents. He reiterated his stand that the ED motion was a part of a concerted effort to weaken the Aam Aadmi Party (AAP) and its leaders.
Within the final listening to, the highest courtroom had issued discover to the ED and ordered Kejriwal's particular depart plea to be listed for additional listening to within the week beginning April 29.
The apex courtroom had requested the federal anti-money laundering company to file its reply by April 24 and allowed the petitioner get together to file counter affidavit, if any, until April 27.
The affidavit filed by the ED deputy director mentioned there was no advantage in Kejriwal's plea and his arrest was needed resulting from his “completely non-cooperative attitude”.
The affidavit states that Kejriwal was avoiding questioning by not showing earlier than the investigating officer regardless of being summoned 9 occasions and whereas recording his assertion beneath Section 17 of the PMLA, he was evasive and fully uncooperative in answering questions. Had been avoiding.
CM Kejriwal has approached the Supreme Court docket difficult the rejection of his petition by the Delhi Excessive Court docket.
Earlier, a bench of Justice Swarn Kanta Sharma of the Delhi Excessive Court docket took be aware of the ED's submission that the federal anti-money laundering company had enough materials, together with statements of approvers and allegations of their involvement within the formulation of the excise coverage. . Prompting them to arrest him.
The ED has denied that Kejriwal's arrest within the Delhi Excise coverage case was based mostly on late contradictory or coerced statements of different accused obtained in return for no objection to his bail and mentioned its case was robust. Was.
ED claimed in its affidavit that CM Kejriwal had argued earlier than the Delhi PMLA courtroom that he had no objection to extension of the custody/remand.
The ED affidavit mentioned, “The petitioner has waived his right to question his detention as on date and the petitioner cannot be allowed to argue that his detention as on today is illegal and the present petition alone Can be rejected on this basis.”
The company additionally claimed that throughout the search on March 21, CM Kejriwal was requested to provide the password of his cell phone after which the identical was requested once more throughout ED custody and his reply was recorded in his assertion during which he had given the identical. Refused to share.
“Even his statements during custody show that despite being confronted with the material, the petitioner chose to give completely evasive answers,” it mentioned.
ED had arrested CM Kejriwal on March 21 after interrogating him for greater than two hours at his official residence in Delhi and he’s at the moment lodged in Tihar Jail.
The ED has termed CM Kejriwal because the “key conspirator” of the alleged excise obligation rip-off in connivance with different Delhi authorities ministers, AAP leaders and different individuals.
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