The Enforcement Directorate (ED) informed the Delhi High Court on Tuesday that Chief Minister Arvind Kejriwal was the "ringleader" and the "key conspirator" of the "excise scam". The federal agency opposed the AAP convener's plea challenging his arrest in the related money laundering case.
In its response to the petition, the ED stated there were "grounds to believe based on evidence in possession" that Kejriwal was "guilty of the offence of money laundering".
"Arvind Kejriwal, Chief Minister of NCT of Delhi, is the ringleader and prime conspirator of the Delhi Excise Scam in collaboration with Ministers of Delhi government, AAP leaders and other individuals... Arvind Kejriwal was directly involved in formulating the Excise Policy 2021-22.
"This policy was being drafted with favours towards the South Group in mind and was devised in collusion with Vijay Nair, Manish Sisodia and representatives of the South Group," the response stated.
Kejriwal is implicated in the utilisation of proceeds of crime thus generated in the Goa election campaign of the AAP, of which he is the convener and ultimate decision-maker, it further added.
The plea is scheduled for hearing before Justice Swarana Kanta Sharma on Wednesday.
On 27 March, the high court declined to provide interim relief to Kejriwal, noting that the matter raised significant issues that could not be "hastily" resolved without hearing the agency's stance and directed the ED to file its response to the challenge to his arrest and subsequent remand to the ED's custody.
In its response, the ED additionally mentioned that following the filing of the present petition, the petitioner was further remanded to its custody through a well-reasoned and detailed remand order until 1 April, after which he was subsequently placed under judicial custody by the trial court, an action which was not opposed by his counsel.
"In light of the above submission made by the petitioner before the Ld. Special Court, PMLA that he has no objection to the custody/remand being extended further, the petitioner has waived his right to question his custody as of today and the petitioner cannot now be allowed to argue that his custody as of today is illegal," the response added.
Kejriwal, arrested on 21 March, has requested his release on the grounds of illegal arrest.
The case concerns the alleged corruption and money laundering in the development and execution of the Delhi government's excise policy for 2021-22, which was subsequently scrapped.