A trial court in Delhi is hearing the bail plea filed by Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal in connection with the Delhi excise policy case.
Kejriwal was arrested on accusations of being part of a conspiracy to launder money allegedly received as kickbacks in exchange for intentionally leaving behind loopholes in the now-scrapped Delhi liquor policy of 2021-22.
The Enforcement Directorate (ED) has alleged that these loopholes were meant to benefit certain liquor sellers and that the bribes received were allegedly used to fund the AAP's election campaign in Goa.
Kejriwal has denied the allegations and counter-accused the ED of running an extortion racket.
Today, the Rouse Avenue court will hear Kejriwal's bail plea as well as his application to allow his wife, Sunita Agarwal, to join through video conference when Arvind Kejriwal is medically examined to assess his health.
Track this page for live updates from the hearing today.
Court presides.
ASG SV Raju resumes his submissions. He takes the court through order denying bail to co-accused Chanpreet Singh.
ASG: Singh received ₹45 crore through hawala channels and the money was used for AAP's Goa election campaign.
Court points that the paragraphs that ASG is reading is his arguments.
Court: Let's see what the Court has said.
ASG: Yes, I will come to the observations.
ASG Raju continues reading the order.
ASG: Court says he was unable to explain how he got the money. He paid for Arvind Kejriwal's stay in a 7-star hotel in Goa. In the same Goa campaign, we are saying, kickback money was used.
ASG refers to the statement of one Sagar Patel. As per the statement, three people received cash amount, this includes Chanpreet Singh.
ASG: Chanpreet Singh received a huge cash amount and he paid the bill of hotel of Arvind Kejriwal. He was handling their Goa election.
ASG: All these statements are confirmed by CDRs etc. Court: Only a brief reference to them is sufficient, sir.
ASG: It is not as if ED is doing the investigation in the air. We have concrete evidence.
ASG says ED has found photos of currency notes which were given. He argues that ED has found photos of currency notes which were given.
ASG: Instructions were received from one Vinod Chauhan to make payments to Chanpreet and others. The pictures have been found on the phone of Vinod Chauhan. Chanpreet was regularly talking on phone to Vinod Chauhan. We have established that cash is gone, currency note is there. Vinod Chauhan has good relations with Arvind Kejriwal.
ASG now refers to chats between Chauhan and Kejriwal.
Court: Yesterday you (ASG) said you will take half an hour. You took half an hour yesterday. I want you to be brief. I passed 30 orders yesterday. All my staff were late to go back. Please be brief. Please finish (arguments) in ten minutes.
ASG: Kejirwal says 'my phone is sacrosanct, password nahi dunga'. That's why we had to rely on phone of Chauhan. Adverse inference has to be drawn because Kejriwal has refused to give his password. A lot of skeletons will come out if he gives his phone.
ASG: You may not have committed the offence but you are responsible for the affairs of the AAP and if AAP is guilty of an offence then you are guilty of the offence as well. This is as per Section 70 PMLA. Everyone know there is one person responsible for the affairs of the AAP and that is Arvind Kejriwal.
ASG: Section 70 applies directly to him because he was responsible for the affairs of the party, which is deemed to be a company. AAP candidates who stood in the assembly elections also confirm that they received money in cash. The constitution of AAP says national convenor (Kejriwal) is responsible for conduct of the party.
ASG refers to role of Vijay Nair.
ASG: He was used as middleman for payments. His proximity with Arvind Kejriwal is beyond doubt. He worked from the camp office of Kejriwal and there are statements of witnesses to show that he used to report to Kejriwal. He facilitated the bribe giving which was demanded by Kejriwal.
ASG: There was willful disobedience of summons by Kejriwal. Magistrate has taken cognisance of that and summoned him.
ASG now refers to timing of Kejriwal's arrest.
ASG: The Division Bench of Delhi High Court peruses our file and didn't grant him relief.
ASG refers to Delhi High Court order.
Court: What was the interim relief sought?
ASG: He asked for no coercive action. But the Division Bench found adequate material. We arrested him after this order. The timing of arrest can't be a ground for bail.
ASG concludes.
Senior Advocate Vikram Chaudhari begins his rebuttal arguments.
Chaudhari takes the court through the dates in the case.
Chaudhari: The case commenced in August 2022. Till July 2023, they had material against me but the first summons to me comes in October. In the interregnum I have been called by CBI as witness. These are undisputed facts. On Jan 12, 2024, they send me an email.
Chaudhari: The email is reply to my letters which I had sent in response to their summons. They say I am not being called as convenor of AAP or as Delhi Chief Minister.
Chaudhari: They say that necessary evidence to be gathered I cannot be made an accused till that evidence is gathered. This is how things stand till Jan 12. On 16 March 2024, the elections are announced. And on the same day summons are issued to me. On March 20, my matter is listed before HC, HC issues notice to them.
Chaudhari: On March 21, the HC on my other stay application says I am issuing notice but denies interim relief. It is on the same day that they come and arrest me.
They say they are judge, jury and executioner, I may have said anything on Jan 12 but I will come and arrest you today. To all our questions, their response is we can decide when to arrest you: Chaudhari
Chaudhari now refers to Delhi High Court order rejecting Kejriwal's plea against his arrest by ED.
Chaudhari: The HC said this was not a bail plea but only against arrest. Why did the HC say this? Because the arrest may be legal in the technical sense but is it proper? My lady can always frame that mind at the stage of bail.
The ED draws all its conclusion based on hypothesis: Chaudhari.
Chaudhari now takes the court through the SC order granting interim bail to Kejriwal.
Chaudhari: The first word is leave granted (against HC order). ED says the HC order is binding on this court. The SC is yet to finally pronounce the order but grants me interim bail.
Chaudhari now refers to the SC order through which it reserved order on Kejriwal's plea against HC order and allowed him to approach the trial court.
Chaudhari says the order in Manish Sisodia's case has nothing to do with Kejriwal.
Chaudhari: As of date I am not an accused in CBI, on the contrary, the record reveals that I was called as a witness.
Chaudhari: They say my antecedents are not relevant. The SC has taken it into consideration. This went into the mind-making of the SC order.
Chaudhari: When it comes to Sec 45 PMLA twin condition, my ladyship will have to take at least a cursory glance at the statements made. If the statement on the face of it is tainted, then it must be looked at and the court has to come to a prima facie conclusion.
Chaudhari: They say inducement to an approver is given by court. But if your case is based only on approver statement then is it worthy of being relied upon for the purpose of denial of bail?
Chaudhari: He said interrogation is a work of art, the artist here is thinking he can call a person 150 times. But he only gets the answer when the accused is about to be granted bail.
Chaudhari: Is ED an independent agency or playing in the hands of some political masters? My lordship will have to look at all that. I am a political entity I have to make these statements.
Chaudhari: If they are still collecting the material, then it is an unending investigation.
Chaudhari refers to Sec 70 PMLA argument.
They say I am national convenor of AAP and that's why I am responsible for everything done by party. There is nothing to down that ₹45 crore were ever received by AAP: Chaudhari.
This is all in the realm of speculation, prejudices and beliefs: Chaudhari.
Chaudhari: They are still arresting and evaluating but keep on making statement that ₹100 crore bribe was received.
Chaudhari: How on earth will Mr Kejriwal be associated with Angaria paying money to Chanpreet Singh? They didn't take my name. How does it prove that it is the same amount is proceeds of crime? There is nothing to show that it was used for Goa elections. Chanpreet does not say anywhere that he has paid for the AAP election or that he collected proceeds of crime.
Chaudhari: They say one Mr Chauhan is associated with Kejriwal. On these evidence you are prosecuting a sitting CM? Someone is wishing him Happy Birthday and you are saying this is hawala conversation.
Chaudhari: The person who is alleged to have given the money has denied that he gave any money. There is no regular chats between me and Mr Vinod Chauhan. Just because Mr Chauhan's number is saved in my phone, it is assumed that he got his posting done through me? I am astonished at this kind of evidence.
Chaudhari: Vijay Nair in his statement of 18 November 2022 has said he reported to Ms Atishi and Saurabh Bhardwaj but the ED continues to say he was working under my direct orders. There is no prove that I have ever instructed Nair to hold any meeting or demand bribe.
Chaudhari: They have lodged two complaints against me for non-compliance of summons, prosecute me for that, impose the fine of ₹5000 or ₹10000.
Chaudhari: My co-accused K Kavitha has denied any role... She is still in jail. The person who agrees with them is rewarded.
Don't treat me as someone special. I don't want to be treated as a special person. But please mete out the treatment to me as you would to an ordinary person: Chaudhari.
Chaudhari concludes.
ASG SV Raju is making some submissions.
Chaudhari asks the court to consider Kejriwal's application to allow his wife to be present during his medical examination by the medical board as well.
Chaudhari: This will not cause any prejudice. Even when someone is admitted in hospital wife or an attendant is allowed.
Court: What has Tihar Jail said on this?
Vivek Jain (for Kejriwal): They say Kejriwal is not being taken out of jail therefore wife cannot be allowed. But the doctors examining him are from outside jail.
Hearing concludes. Order reserved.