Arvind Kejriwal Warns of Article 21 Threat in Supreme Court Rejoinder Against ED
The filed affidavit stressed the tactics by the central government of misusing the PMLA Act to compromise the level playing field to crush its “biggest political opponent,” the Aam Aadmi Party.
Image Source: Telegraph India
Delhi Chief Minister Arvind Kejriwal submitted his rejoinder affidavit in the top court, stating that his arrest in the Delhi liquor policy case has been motivated by “mala fide” intent, highlighting the misuse of central agencies by the ruling party. The filed affidavit stressed the tactics by the central government of misusing the PMLA Act to compromise the level playing field to crush its “biggest political opponent,” the Aam Aadmi Party.
Mr. Kejriwal, terming his case as classic, filed the affidavit which reads, “This timeline establishes the fact that the Petitioner has been arrested intentionally with a mala fide intent without any necessity to arrest. A level playing field, which is a prerequisite 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.”
As per Bar and Bench, Kejriwal was reported saying that the submission made by ED and its stand would prove to be a death letter and spell the death knell for Article 21 of the Indian Constitution. The rejoinder affidavit was filed as a reply to ED’s opposition to Arvind Kejriwal’s plea challenging his arrest.
Kejriwal, through his affidavit, questioned the timing and manner of his arrest, claiming he was illegally arrested after the scheduling of the parliamentary elections and the implementation of the Model Code of Conduct, which would give the incumbent ruling party an upper hand.
“During an election cycle when political activity is at its highest, the Petitioner’s illegal arrest has caused grave prejudice to the Petitioner’s political party and will provide the ruling party at the Centre an unjust upper hand in the ongoing elections,” Kejriwal has said.
Arvind Kejriwal in court also stressed the claims made by ED that, notwithstanding summoning him nine times, he failed to present himself before the investigating officer, which necessitated his arrest. Over this, he said that every summons issued to him was duly responded to while seeking vital details and information, which under no circumstances can be claimed to be privileged or confidential by the ED.
It was further argued that there is an absence of material and proof that would indicate that the party demanded and received the funds or kickbacks.
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