Arrest Classic Case of BJP Misusing ED to Stifle Oppn, Level-Playing Field Ruined: Kejriwal To SC

New Delhi: Delhi Chief Minister Arvind Kejriwal on Saturday in an affidavit told the Supreme Court of India that his arrest by the Enforcement Directorate in the liquorgate is a "classic case"  of how the ruling party led centre has misused ED and its powers under the PMLA to stifle its "biggest political opponent" which is Aam Aadmi Party and its leaders. 

He further told the apex court that his arrest by teh ED in the liquor policy case is illegal and contain an "unprecedent assault" on the aspects of democracy based on "free and fair elections and federalism". 

In the submissions made by the AAP supremo in his rejoinder to the counter affidavit filed by the ED against his plea challenging ED's arrest, he said that the probe agency has "illegally picked up" a sitting CM five days after the general polls were notified and Model Code of Conduct was put in place. 

In his affidavit, Kejriwal has said, “During an election cycle when political activity is at its highest, the Petitioner's illegal arrest has caused grave prejudice to the Petitioner's political party, and will provide the ruling party at the Centre an unjust upper hand in the on- going election.”

In his affidavit, he said submitted that with his illegal arrest the level-playing , a pre-requisite of free and fair elections has been compromised. 

Questioning the timing of his arrest, manner amd mode of his arrest by the ED, just few days before the Lok Sabha polls, reflects volumes about the "arbitrariness" of the ED. 

“That in the present case, there is also an issue of ED abusing its power of arrest in the middle of general election and while relying on the same material as was in possession months before its arrest. In such circumstances, the case of the Petitioner is peculiar and grave and warrants urgent intervention of this Hon'ble Court to protect life and liberty of an individual,” Kejriwal has stated. 

He said that the ED's object is to coerce Magunta Srinivasulu Reddy and his son, Raghav Magunta,  to falsely implicate the Chief Minister. 

“That MSR has now joined TDP and contesting the present Lok Sabha elections on its ticket. That TDP is in alliance with BJP for the present general elections and is a part of NDA,” the response stated.

“Not a single rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration,” Kejriwal said.

Kejriwal has knocked the doors of the Supreme Court challenging the April 9 judgment of the Delhi High Court which rejected his challenge to the ED arrest made on March 21.

He also questioned the necessity of arrest contending that the the “exact quantum of alleged proceeds of crime was neither identified nor available and the money trail had not been identified before arrest.”

On April 15, the Supreme Court (bench comprising Justices Sanjiv Khanna and Dipankar Datta) issued notice to the ED on Kejriwal's petition and listed the matter in the week commencing from April 29.