Additional Solicitor General (ASG) SV Raju, appearing for ED, resorted to clever word play using Kejriwal’s party name, Aam Aadmi Party (AAP), to argue that everybody has to be treated equally and someone who loots the country cannot claim immunity citing upcoming elections.
“Aam aadmi has to go behind bars if he has committed a crime but because you are a Chief Minister you can’t be arrested? You will loot the country but no one can touch you because the elections are coming?” the ASG asked.
In response to Kejriwal’s argument that the arrest was politically motivated in view of the Lok Sabha elections, the ASG said,
“Take a case of terrorist who is also a politician. He blows up army vehicle and says I want to contest elections so you can’t touch me? What kind of argument is this,” the ASG asked.
He further said that whether the statements made by witnesses against Kejriwal are true or not is a matter of trial.
“Whether the statements are to be believed or not to be believed is a matter of trial. The Court cannot substitute itself in the place of the investigating officer. The statements of witnesses… there are statements to show that outsiders were involved from the drafting of the policy to its formulation,” it was submitted.
Importantly, the ASG also said that a person responsible for the affairs of the party would be liable and his personal role might not be relevant.
“Forget his role, role is not required to be looked at. What is required to be looked at is that he was responsible for the affairs of the company/party.”
Kejriwal was arrested because he was responsible for the affairs of AAP which benefited from the money laundering, it was stated.
“We have demonstrated that Arvind Kejriwal was responsible for the affairs of company (AAP) at the time when the offence of money laundering was committed. Tomorrow if we feel that others were also responsible for it, we will make them responsible as well,” the ASG said.
Pertinently, on Kejriwal’s argument that proceeds have not been recovered and the ED has not been able to trace the money trail, the ASG said,
“The money trail is there. We have located the money trail. The money may have been used and that is why it can’t be found.”
Source: Barandbench
