ED Refers to CM Kejriwal's Consent to Custody in Delhi HC Counter-Affidavit

Kejriwal's lawyer Ramesh Gupta previously informed Special Judge Kaveri Baweja of Rouse Avenue Court that Kejriwal doesn't oppose the extension of custody. Consequently, the ED contends that Kejriwal has voluntarily waived his right to contest his current custody status and cannot now claim it to be unlawful.

The Enforcement Directorate (ED) has presented its response to Chief Minister Arvind Kejriwal's plea challenging his arrest and the trial court's decision to place him in the agency's custody, before the Delhi High Court.

Kejriwal's lawyer Ramesh Gupta previously informed Special Judge Kaveri Baweja of Rouse Avenue Court that Kejriwal doesn't oppose the extension of custody. Consequently, the ED contends that Kejriwal has voluntarily waived his right to contest his current custody status and cannot now claim it to be unlawful.

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The ED asserts that the remand orders dated March, March 28, and April 1, which are being challenged, are meticulously reasoned and detailed, warranting no interference upon a simple examination.

According to the agency, all procedural formalities under Section 19(1) and (2) of the Prevention of Money Laundering Act (PMLA) and Article 22(1) and (2) of the Constitution of India were adhered to during Kejriwal's arrest and subsequent remand.

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Further, the ED alleges that Kejriwal played a pivotal role in the Delhi excise scam, colluding with Delhi government ministers, AAP leaders, and others. They claim to possess evidence indicating his involvement in money laundering offenses.

Moreover, the agency accuses Kejriwal of direct participation in formulating the Excise Policy 2021-22, allegedly favoring the South Group in exchange for kickbacks.

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Previously, the Delhi High Court, on March 27, denied interim relief to Kejriwal, who has been in judicial custody since his arrest on March 21. The court emphasized the importance of granting the respondent an opportunity to respond, as denial of such an opportunity would constitute a violation of the principles of natural justice.

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