The Enforcement Directorate (ED) in its remand application to the special court on Thursday accused the Aam Aadmi Party (AAP) receiving the kickbacks which they used in Goa elections. “There is a clear cut chain ... The money that they say came to the BJP has nothing to do with the liquor scam. There is no quid pro quo... CM is not above law. He is an ordinary man. We have material to show that this very person demanded 100 crore kickback,” Additional Solicitor General SV Raju told the court during the arguments.
Reiterating the claim that the AAP Convenor is the ‘kingpin’ of the scam, the ED in its remand application said, “Arvind Kejriwal is the ultimate incharge of the AAP and was intrinsically involved in the acts of policy formulation, kickback scheme and the final use of the proceeds of crime (PoC) thus generated including conspiracy thereof. Therefore, he is also liable for use of the PoC of Rs. 45 crore in the election campaign of the AAP in Goa under section 70(l) of PMLA, 2002 apart from his role in his personal capacity.”
The ED listed out five points to explain his involvement in the scam, in which three arrests, including that of former Deputy CM Manish Sisodia, Delhi Minister Sanjay Singh and BRS Leader K. Kavitha, has already been made.
The first point explains his role in the formulation and implementation of Excise policy, linking him directly to the scam. “Arvind Kejriwal was directly involved in the formulation of the excise policy 2021-22. This policy was being drafted considering the favours to be granted to the South Group and was formed in collusion with Vijay Nair, Manish Sisodia and members-representatives of the South Group,” said the central agency, who has been accused of working to “destroy Aam Aadmi Party" by Kejriwal in the court.
The ED also mentions his role in demanding kickbacks and meeting with the South Group which includes the daughter of former Telanagan CM K. Chandrashekar Rao K. Kavitha, who has been lodged in Tihar jail on Tuesday. “Arvind Kejriwal has demanded kickbacks from the South Group in exchange of awarding favours to them in the formulation and implementation of the Excise Policy 2021-22,” claimed ED.
Questioning Kejriwal’s association with Vijay Nair, who has turned an approver in the case, the ED told the court, “Vijay Nair is a very close associate of Arvind Kejriwal. Vijay Nair, who had no role/position in the Delhi Excise Dept or in Delhi Govt, in fact acted as a
broker/liaison/middleman on behalf of the top leaders of the AAP (specially Arvind Kejriwal) for getting bribes/kickbacks from various stakeholders in the Delhi Liquor business in exchange of favourable outcomes (policy changes) in the Excise Policy of 2021-22, which was being drafted at that time.”
ED also said that the AAP chief has a role in the utilisation of funds while claiming that proceeds from the scam was utilised in Goa election by the party, which has positioned itself as a crusader against crime. ED said, “The Aam Aadmi Party is headed by Arvind Kejrlwal (National Convenor) which functions through the members of the National Executive Committee and Political Affairs Committee such as Manish Sisodia, Arvind Kejriwal, Sanjay Singh and other members of the party. As per the investigation done so far, the proceeds of crime of about Rs. 45 Cr approximately, which was part of the bribes received from the South Group, was used in the election campaign of the AAP in Goa in 2021-22.”
Finally, the agency talked about his role in the commission of the offence of money laundering by his party. “AAP is the major beneficiary of the proceeds of crime generated in the Delhi Liquor Scam. Part of the proceeds of crime to the tune of cash of Rs. 45 Cr approximately has been utilised in the election campaign of AAP in Goa Assembly elections 2022. In this manner, AAP has committed the offence of money laundering through Arvind Kejriwal and the offences thus are covered by section 70, PMLA 2002.”
