A court in New Delhi on Thursday extended the Enforcement Directorate custody of Delhi Chief Minister Arvind Kejriwal till April 1, saying the agency provided 'sufficient reasons', such as the need for him to be confronted with material collected and statements recorded, to permit his further custodial interrogation.
In its fresh remand plea before the Rouse Avenue court, the federal probe agency said Kejriwal's statements were recorded over five days but he was 'evasive' in his response.
The agency submitted before special judge Kaveri Baweja that the statements of three other persons relevant to the case have been recorded during the period.
"Having considered the submission made before this court and considering the grounds as cited by the investigative agency, there appears to be sufficient reasons to permit further custodial interrogation, particularly keeping in view the submissions that he (Kejriwal) is required to be confronted with the material collected and statements recorded so far in the course of the investigation," special judge Kaveri Baweja said.
The court noted the ED's submissions that the chief minister also needed to be confronted with the data extracted from digital devices along with some other details.
"On perusal of the statements recorded in the course of the investigation and in view of the fact that extension of custodial interrogation of the accused has been sought for further sustained and detailed interrogation, the ED custody of the accused (Kejriwal) is hereby extended till April 1," the court said.
It noted that after Kejriwal was allowed to make verbal submissions, he stated about being ready to cooperate with the agency, besides not opposing the ED's plea for remand extension.
"He further submitted in the open court during the proceedings that statements of witnesses recorded by the investigating agency do not in any manner connect him with the alleged offences and questioned his arrest in the matter," the court noted.
It also noted Kejriwal's submissions that the ED was not placing all documents especially those that favoured him, before the court and that the ED was unable to establish the whereabouts of the alleged Rs 100 crores received as 'kickbacks'.
"Accused (Kejriwal) has further submitted that one of the witnesses had donated a large sum of money to the BJP," the court noted.
It also noted the submissions of ED's counsel, Additional Solicitor General S V Raju, that Kejriwal's statement were 'wholly irrelevant and unconnected with the facts of the present case, as also with the predicate offences'.
According to the ASG, the matter was presently not at the stage of being adjudicated and hence, the above submissions were wholly irrelevant at this point of time, the court noted.
"He (ASG) further submitted that there is also no merit in the submissions that the ED has not placed on record the material favouring the accused and questioned as to how the accused has knowledge about documents in the custody of ED," the court said.
It said that according to the ASG, 'selective submissions' were made by Kejriwal and that there was 'sufficient material to show the money trail of the proceeds of crime' generated as kickbacks in the scam and that Rs 45 crore sent through hawala and utilised by the AAP in the 2021-22 Goa assembly elections.
The court also noted the submissions of Kejriwal's counsel, Senior Advocate Ramesh Gupta. He said his client was willing to cooperate with the agency, but the ED was not entitled to seek his remand based on their application.
"In so far as the submissions with respect to there not being sufficient grounds for arrest of the accused are concerned, the said matter is admittedly subjudice before the Delhi High Court in a petition wherein the accused has challenged the grounds of his arrest," the court said.
