CM Kejriwal remand hearing: Court reserves order; ED seeks 10 days remand [LIVE Updates]

In a significant development that has sent shockwaves through the Indian political landscape, Delhi Chief Minister Arvind Kejriwal was arrested by the Enforcement Directorate (ED) in connection with an excise policy-linked money laundering case. The arrest, which took place amid heavy security, was followed by the ED seeking 10 days of custody for Kejriwal to further investigate the case. The ED has alleged that Kejriwal is the kingpin of the Delhi excise scam, directly involved in the implementation of the policy and favoring the South group.

The case involves suspected corruption and money laundering related to the formulation and execution of the Delhi government's excise policy for 2021-22, which was later revoked. According to the ED, leaders of the Aam Aadmi Party (AAP) allegedly received kickbacks totaling ₹100 crores in connection with the excise policy. The arrest of Kejriwal has sparked a wave of protests from the AAP, which has condemned the ED's action and sought an urgent hearing in the Supreme Court.

Live updates below:

The Delhi Court has reserved order on CM Arvind Kejriwal's remand in the excise policy case. ED has sought 10 days of custody for him. An order will be passed shortly.

Additional Solicitor General SV Raju makes his arguments in the rebuttal: Excerpts below:

In this case, ther is a history of huge destruction of electronic evidence. Large number of phones destroyed and formatted by accused, making it very difficult for the investigating agency to investigate, still the investigating agency did a wonderful job to unearth.

This is not something like figment of imagination. There is concrete evidence that it was a scam and fraud. That the excise policy was changed to fund the Goa elections.

He's not arrested pursuant to summons. Even if he had come in individual conspiracy, he could have been arrested as a conspirator or under vicarious liability. Our case is he is also guilty individually because of his role. Ours is a dual case, he is liable individually and vicariously.

There is sufficient material that he is guilty of the offence prima facie. Sufficient material not only in his individual capacity but also vicariously. There are series of statements of large number of persons.

In a rebuttal by ED, ASG SV Raju said that a "confrontation is required. We need to recover the money trail. It is a fit case to grant remand."

Senior Advocate Ramesh Gupta makes submissions for CM Arvind Kejriwal, to which Raju objected saying three counsels cannot argue for one person.

Gupta argued that CM Kejriwal is not an accused in the "predicate offense, and AAP is not an accused in the predicate offence". "It's totally an illegal arrest," Gupta said.

Delhi CM's advocates concluded their argument, allowing the ED team to start their rebuttal in the court.

Another senior advocate, Vikram Chaudhary, appearing for Kejriwal, argued that if the ED had the "evidence," then why wasn't he arrested before, drawing an election tangent. 

"This material was available with you... then why did you not arrest me earlier. Were you waiting for this time to stop me from contesting elections?" Chaudhary said.

Singhvi strongly argued that Kejriwal's arrest is illegal and without merit. He said no evidence has been procured to directly link the Delhi CM to the case.

"Without there being any material in possession of the Enforcement Directorate (ED) on the basis of which Kejriwal can be believed to be guilty of an offence, he is being illegally and arbitrarily arrested by the ED," Singhvi said.

Senior Advocate Abhishek Manu Singhvi representing CM Kejriwal began his submissions. 

He said, "Remand isn't mechanical."

"You can't say I'll have my lollipop and ignore the other half," Singhvi said, adding that the "Threshold of arrest at the word of 'guilty' is too high."

Singhvi further pointed that "this is the first time in the history of India that a sitting chief minister has been arrested."

"It's the first time first four leaders of his party are arrested," he said, adding that, "It's like you have the result before the first vote is cast."

"It's like creating a non-level playing field," Singhvi said.

He then questioned the need to arrest Kejriwal, saying: "You have the contours of the alleged crime, there's no need at all to arrest this man."

He argued that "80% of people" involved in the case have not take his (Arvind Kejriwal) name and "82% have not mentioned any dealings" with the Delhi CM.

"My life is dedicated to the country, whether I am inside (jail) or outside," Delhi CM Arvind Kejriwal said after being produced in the Rouse Avenue Court.

The ED submitted before the court that Delhi CM Arvind Kejriwal was directly involved in the formation of the excise policy. The CM is the key conspirator and kingpin in demanding kickbacks from liquor businessmen, ASG SV Raju argued in the court. 

Further, ASG SV Raju said that Kejriwal willfully disobeyed the summons and failed to cooperate in the investigation and did not give correct facts at the time of the search. 

Delhi CM Arvind Kejriwal was produced before the Rouse Avenue Courts following his arrest by the ED yesterday.

ASG SV Raju argued on behalf of the ED, seeking 10 days of custody for Delhi Chief Minister Arvind Kejriwal in excise policy case.