Key Points
New Delhi: In its counter-affidavit to Arvind Kejriwals writ petition against his arrest in the excise policy case, the Enforcement Directorate (ED) said the Delhi chief minister had himself submitted before the court that he was willing to cooperate, and his counsel had not objected to the agencys application for judicial custody...
It also relied on Kejriwals counsel Ramesh Gupta not opposing its application for the Delhi CMs judicial custody Monday, to argue that prayers made in the writ petition cant be allowed and should be rejected on these points alone.. The central agency challenged the arguments made by Kejriwals counsel Abhishek Manu Singhvi, who had challenged Kejriwals arrest on the basis of statements by approvers who had bargained for their liberty..
The agency further argued that the petitioners (Kejriwals) objections concerning his arrest and custody based on statements recorded under Section 50 of the PMLA should be rejected as those statements can be relied upon at the stage of seeking remand and also to deny bail to accused persons...
In its affidavit, the ED also countered that assertions made by Kejriwal that he has not been named as an accused in either the predicate offence being probed by the Central Bureau of Investigation (CBI) or in the six prosecution complaints filed by the ED so far in the case.. In this case, the predicate offence is corruption and criminal conspiracy and the predicate agency is the CBI, which registered an FIR in July 2022 that subsequently formed the basis of this money laundering case being probed by the ED...
The ED said the only way Kejriwal could seek release from jail was to apply for bail in court and fulfil the two criteria under Section 45 of the PMLA that the public prosecutor (representing the agency) gets the opportunity to oppose the bail application, and if the court has reasonable grounds for believing that the accused did not commit money laundering and neither is likely to commit the offence while on bail...
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