Professional Update

(Criminal Case laws)

IA no.  92/2024 (Rouse Avenue Court)

Arvind Kejriwal

vs

Directorate of Enforcement.  

Facts.

The present application is filed for the grant of the regular bail for the ECIR registered by the ED moved under section 439 of the CrPC, 1973 read with section 45 of the PMLA.  

Contention of the applicant.

1. No offence has been committed by the applicant u/s 3 of the PMLA in any manner whatsoever and the applicant was illegally arrested in purported exercise of the powers under section 19(1) of the PMLA dated 21.03.2024.
2. The applicant is neither a suspect nor an accused even after filing the main chargesheet and 2 supplementary chargesheet filed by the ED.
3. It is contented that no money trail is identified against the applicant as the exact proceeds of crime was neither identified nor available.
4. It is stated that there is no proof of the cash payment nor any material to demonstrate that the proceeds of crime or the kickbacks have been received by the AAP from the “south group”.
5. There is no proof or demonstration that the co-accused Vijay Nair was under the direct influence of the Arvind Kejriwal.

Contention of the Directorate of Enforcement.

1. The applicant being the chief minister of government of NCT Delhi is highly influential and having potential to tamper with the evidences and influence the witness.
2. Investigation officer has reason to believe under section 19 of the PMLA that the petitioner/accused is guilty of the offence of money laundering.
3. It is alleged that despite the giving multiple opportunities the applicant didn’t cooperate with the investigation on the flimsy grounds.
4. The statements of the suspect and the co-accused recorded by the investigation agency under section 50 of PLMA are very admissible.
5. It is alleged that Arvind Kejriwal as a kingpin and the formulated a policy to continuous generate and launder proceeds of crime.

Findings.

The Rouse avenue Court (Vacation bench) ED is silent on the issue that the applicant is not named in the chargesheet submitted by the CBI or in the ECIR submitted by the ED.

ED has failed to traces out the 100 crores proceeds of crime is being generated. About 40 crores is being traced out of being sent through Goa hawala channel.

There is no direct connection with the applicant and co-accuse Vijay Nair and Charanpreet Singh.

The cases under PMLA bail of the accused becomes an impossible task to obtain as on one pretext or the other investigation agency gives its own reasons which puts the accused in a situation almost equivalent to a convict without any hope to be released from the gloomy atmosphere.

The applicant is released on bail further the condition imposed in the order.  

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CA Manoj Garg

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