The Delhi High Court has put the judgment on hold regarding the ‘liquor scam’ case involving Delhi Chief Minister Arvind Kejriwal under the Prevention of Money Laundering Act (PMLA), 2002.
Background:
Arvind Kejriwal, Delhi’s Chief Minister, faced multiple corruption allegations, including the CNG Fitness Scam, Defamation Case, Allegations Related to Party Funding, and Disqualification Case. In 2021, he was arrested under the PMLA for alleged irregularities in AAP’s funding during the 2014 general elections, accused of accepting illegal foreign funds through hawala channels.
List of corruption allegations against Kejriwal leading to his arrest-
CNG Fitness Scam:
- In 2012, during Kejriwal’s tenure as the Chief Minister of Delhi, allegations surfaced regarding irregularities in granting fitness certificates to compressed natural gas (CNG) vehicles. The Anti-Corruption Branch (ACB) initiated an investigation into the matter.
- The case remained inconclusive, and no charges were filed against Kejriwal.
Defamation case
- Kejriwal and other members of the Aam Aadmi Party (AAP) accused Jaitley of corruption within the DDCA Delhi and District Cricket Association (DDCA). Jaitley denied the allegations.
- The legal battle between Kejriwal and Jaitley continued for several years, but ultimately, Jaitley withdrew the defamation cases against Kejriwal.
Allegations Related to Party Funding:
- The AAP faced scrutiny over its funding sources. Allegations arose that the party received dubious donations from shell companies.
- The Income Tax Department investigated these allegations and found discrepancies in the party’s funding records.
Disqualification Case:
- In 2017, Prashant Patel, a lawyer, filed a petition seeking the disqualification of 20 AAP legislators, including Kejriwal, for holding offices of profit.
- The Delhi High Court set aside the appointment of these legislators as parliamentary secretaries, ruling that it violated the principle of separation of powers.
Prevention of Money Laundering Act (PMLA):
- In 2021, the Enforcement Directorate (ED) arrested Kejriwal in connection with a money laundering case.
- The case pertained to alleged irregularities in the funding of the AAP during the 2014 general elections.
- Kejriwal was accused of accepting illegal foreign funds through hawala channels
What is the matter over Rejection of plea for Kejriwal’s removal
The Delhi High Court has dismissed a petition seeking the removal of Arvind Kejriwal, who is currently lodged in Tihar Jail after his arrest in the liquor policy case, as the Chief Minister of Delhi. The court stated that there is no legal bar against his continuation in the post. The petitioner, Vishnu Gupta, a social worker and national president of the Hindu Sena, subsequently withdrew his plea and expressed his intention to make a presentation before the Lieutenant Governor. The court emphasized that national interest sometimes takes precedence over personal interests1.
Why Third time the plea has been dismissed ?
The court evaluates the petition based on legal merits. If the petitioner fails to provide substantial evidence or legal grounds for removal, the court is likely to dismiss the plea.In legal proceedings, individuals are presumed innocent until proven guilty. Despite being lodged in Tihar Jail, Kejriwal retains his position as the Chief Minister unless proven otherwise.
Statement led by Acting Chief Justice Manmohan- The High Court emphasized that while personal interests may need to yield to national interests, such decisions remain personal choices. They clarified that as a court of law, their jurisdiction adheres strictly to legal principles, advising the petitioner to seek recourse elsewhere. Referring to the democratic process, the bench stated, “Let democracy take its own course.” Noting their recent dismissal of a similar PIL regarding the removal of Kejriwal as chief minister, the court maintained consistency in their stance. Consequently, upon the court’s refusal to intervene, the petitioner’s lawyer expressed intent to withdraw the petition and pursue the matter with the Lieutenant Governor.
ED Statements over the case- In a statement to the High Court on April 2, the Enforcement Directorate (ED) asserted that Chief Minister Arvind Kejriwal plays a central role as the “kingpin” and “key conspirator” in the excise policy case. The agency further stated that, according to the material evidence in its possession, there are grounds to suspect Mr. Kejriwal’s involvement in money laundering.
Read about – Key Functions of the Enforcement Directorate
What are allegations against Arvind Kejriwal ?
Nature of Allegations:
- The case revolves around the Delhi Excise Policy 2021-22, which was formulated with alleged procedural lapses.
- The Chief Secretary of Delhi, Naresh Kumar, reported these lapses to the Lieutenant Governor (LG) Vinai Kumar Saxena in July 2022.
- The allegations suggest that kickbacks received by AAP leaders from alcohol business operators influenced the 2022 Assembly elections in Punjab and Goa.
Money Laundering Case:
- Arvind Kejriwal’s arrest is related to money laundering.
- The Enforcement Directorate (ED) contends that he was the “kingpin and key conspirator” in the scam.
- The ED alleges that the excise policy favored the South Group, influential individuals from South India, who secured undue advantages in establishing wholesale liquor businesses. In return, they purportedly paid the political party Rs. 100 crore.
Legal Proceedings surrounding Arvind Kejriwa arrest:
- Kejriwal’s plea for interim protection from arrest was denied by the Delhi High Court.
- The Court emphasized the principles of natural justice and granted the ED time to respond to Kejriwal’s plea.
- This marks the first instance of a Chief Minister in India being incarcerated while still in office.
Role of Judicial Scrutiny:
- The case necessitates cautious judicial scrutiny due to its political implications.
- Legal complexities include the application of the Prevention of Money Laundering Act (PMLA) and reliance on approver’s testimony.
In summary, Arvind Kejriwal’s arrest has significant legal ramifications, involving both the AAP and the application of relevant laws. The case remains closely watched as it unfolds .
Encouraging fair, transparent, and timely legal process
Kejriwal’s case is not just about an individual; it reflects the health of India’s democratic institutions. Upholding democratic values during legal proceedings is crucial for maintaining public trust, political stability, and the integrity of the justice system.The Arvind Kejriwal scenario serves as a reminder that justice must be blind, adhering to democratic norms and ensuring a level playing field for all individuals involved.
The Delhi High Court put on hold the judgment regarding Kejriwal’s involvement in the ‘liquor scam’ under the PMLA. Despite being in Tihar Jail, he remains Chief Minister unless proven otherwise. The ED claims he played a central role in the excise policy case. This case highlights the importance of fair, transparent, and timely legal processes, crucial for maintaining public trust and political stability.
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