New Delhi: AAP National Convenor and Delhi CM Arvind Kejriwal has refuted allegations levelled by the Enforcement Directorate (ED) in the Supreme Court saying that ED’s reply leaves no manner of doubt that the ED has acted in a most high-handed manner in gross affront to the due process of law, said sources on Saturday.
Sources said that the jailed CM has said that ED’s claims are bogey, based on blatant flasehoods and have no ground. The present case is a classic case of how the ruling party-led central government has misused the central agency, Enforcement Directorate and its wide powers under PMLA to crush its biggest political opponent Aam Aadmi Party and its leaders.
In his rejoinder to the Supreme Court, AAP National Convenor has said that that his arrest by the ED relied solely on the statements of four accused turned witnesses with direct links to and benefits from the BJP. For instance, Magunta Sreenivasulu Reddy, who received an NDA Lok Sabha ticket, gave a statement to facilitate the bail of his son, Raghav Reddy. Another approver, P Sarath Reddy, sent Rs 60 Crores to the BJP’s account through electoral bonds to secure his own bail. A third person, Satya Vijay Naik, who fought 2022 Goa assembly elections on AAP ticket, is closely associated with Goa CM Pramod Sawant and fought on BJP ticket in 2012 and 2017. Another accused turned approver was a close aide of former BJP CM, Manohar Parrikar. Thus, all 4 incriminating statements are from persons closely linked to the BJP.
Kejriwal’s rejoinder before the Supreme Court reads, “A cumulative reading of the ED’s stand in its reply would expose the bogey and blatant falsehood in the conduct of its proceedings. The record would reveal that each and every summons that have been issued to him have been duly responded. In the instant case, the ED has not only been opaque and dictatorial in its approach but also guilty of suggestio falsi (suggesting falsehood) & suppressio veri (suppressing truth).”
The reply states that the entire basis of Kejriwal’s arrest rests upon certain statements which are in the nature of self-incriminating confessions by alleged accomplices who have been given the immunity by way of pardon, etc. These alleged incriminating evidences are therefore obtained under an arrangement without any corroborative evidence. The AAP National Convenor’s arrest constitutes an unprecedented assault on the tenets of democracy based on ‘free and fair elections’ and ‘federalism’ both of which form significant constituents of the basic structure of the Constitution. The ED abused its power of arrest in the middle of general election and while relying on the same material as was in possession months before its arrest. In such circumstances, the case of Kejriwal is peculiar and grave and warrants urgent intervention of this Court to protect life and liberty of an individual.
Refuting the ED’s claims of statements relied upon in the grounds of arrest, Kejriwal’s rejoinder reads, “The statements ED is heavily relying on are not of the approvers but that of co-accused persons who were made to give statements prior to such grant of pardon. As per Magunta Sreenivasulu Reddy’s (MSR) own statement under Section 50 PMLA dated 24.03.2023- on 03.03.2021, MSR sought an appointment from CM Office, Delhi saying that he was a member of Parliament and wanted to be a pay courtesy call on Delhi Chief Minister. He sought an immediate meeting and was given the time for 16.03.2021. On 16.03.2021 he came to the CM office at 4:30 PM, he was issued a pass and was escorted respectfully to the CM Office. In this meeting, MSR requested for a piece of land to set up a charitable trust for his family in Delhi. The Chief Minister informed him that land did not come under the jurisdiction of the elected government of Delhi and was within the jurisdiction of LG of Delhi. Therefore, the Chief Minister will not be able to allot the land to him. However, MSR could write a letter to the Chief Minister and the Chief Minister would forward the same to the office of LG.”
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