In his rejoinder affidavit before the Supreme Court, Kejriwal stated a level playing field, which is a prerequisite for free and fair elections, has been compromised by his arrest.
“This timeline establishes the fact that the Petitioner has been arrested intentionally with a malafide intent without any necessity to arrest. A level playing field- which is a pre-requisite for ‘free and fair elections’- has clearly been compromised with the illegal arrest of the Petitioner. That the present case is a classic case of how the ruling party led central government has misused the central agency- Enforcement Directorate and its wide powers under PMLA to crush its biggest political opponent -Aam Aadmi Party and its leaders,” the affidavit said.
Further, it was contended there is a glaring absence of any material indicating his involvement in the case on whether it be concealment, possession, acquisition or utilization of proceeds of crime to attract Section 3 of Prevention of Money Laundering Act (PMLA) which defines money laundering.
The submissions made by ED and the stand taken by ED would render the most cherished fundamental right under Article 21 of the Constitution to be a dead letter and spell a death knell to it, Kejriwal further submitted.
“While claiming its supremacy and absolute “touch me not attitude” in the field of purported investigations what the ED forgets is that it has never claimed that the summons were issued to an accused who did not obey,” the affidavit said.
The affidavit was filed as part of the plea filed by him challenging his arrest and remand by the ED.
Kejriwal is currently lodged in Tihar jail under judicial custody after his arrest by the ED in the case.
Source: Barandbench
