ASG: This trial court order is not a mechanical order. there is application of mind. The court has perused the material on record and the details furnished by the Investigating Officer.
ASG: Intimation of arrest was also given to his wife.
ASG: There are clear reasons given by us. The compliance of Section 19 PMLA is fulfilled.
ASG now refers to ED’s remand application and the order passed by the trial court remanding Kejriwal to ED custody.
ASG: There is no dispute that he (kejriwal) was produce in 24 hours of arrest. he was also given the grounds of arrest as required by Pankaj Bansal case.
ASG now refers to Section 19 PMLA and ED’s power to arrest.
ASG: Large number of accused in this case have been found prima facie guilty of offence of money laundering by virtue of their bail being denied… Today we are not even at the stage of Section 45 or bail.
ASG: As far as other accused are concerned the courts have come to the conclusion that there are no grounds for bail because of rigours of Section 45 PMLA.
ASG: The statements of witnesses… there are statements to show that outsiders were involved from the drafting of the policy to its formulation.
ASG: The Court cannot substitute itself in the place of the investigating officer.
ASG: Whether the statements are to be believed or not to be believed is a matter of trial.
ASG: Take a case of terrorist who is also a politician. he blows up army vehicle and says i want to contest elections so you can’t touch me? What kind of argument is this?
ASG: Aam aadmi has to go behind bars if he has committed a crime but because you are a chief minister you can’t be arrest? You will loot the country but no one can touch you because the elections are coming? You say your arrest will infringe on basic structure? what type of basic structure is this?
ASG: Criminal and undertrials have no business to say that we will commit a crime and will not be arrested because elections are here. This is completely ridiculous. it will give license to criminals to roam around freely.
ASG: I will give an illustration. Suppose a political person committs a murder 2 days before elections. Would he not be arrested? Will his arrest disturb basic structure? You commit a murder and say i can’t be arrested because it would infringe on basic structure.
ASG again refers to Vijay Nair’s role.
ASG: The settled position of law is that suppose in a murder case if the dead body is not found, even then a person can be tried for murder. Just because the body is not found doesn’t mean there is no murder.
ASG: He (Kejriwal) is involved personally and vicariously.
ASG: Argument is agar maine kuchh kiya to mere ghar se kuchh milega. Lekin agar aapne paisa kisi aur ko de diya to aapke ghar se kahan se milega?
ASG: Where is the question of mere ghar kuchh nahi mila? Paisa to aapne Goa election m use kar liya… When ED asks you kahan hain paisa? you say mujhe nahi pata.
ASG refers to PMLA provisions.
ASG: Today his (Kejriwal) attitude is I am a saint but actually you have done is very tactically. ED has found the evidence through hard work.
ED also has constraints. Large number of phones and electronic devices have been destroyed. This is crores in value. You don’t destroy or change your phones like this. You acted through middleman like Vijay Nair: ASG.
ASG: All this is much prior to election. Now they are saying there is election. The fact that liquor policy was fudged to give profits and receive kickbacks is long back. election is only being used as bogey. it is not as if ED has become active now.
ASG refers to role of AAP communications in-charge Vijay Nair.
This is accepted right till the Supreme Court. So the fact that there was a scam is beyond doubt today. No matter how much you cry but it is clear that there was a scam and government exchequer suffered a loss because of that: ASG.
Earlier the wholesaler profit was 5% it was increase to…
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