New Delhi: The Supreme Court on Monday questioned Delhi Chief Minister Arvind Kejriwal's stance on the non-recording of his statement under Section 50 of the Prevention of Money Laundering Act (PMLA) in the Delhi liquor policy case. Kejriwal has challenged his arrest by the Enforcement Directorate (ED), despite refusing to give a statement.
During the hearing, Justice Sanjiv Khanna, part of the two-judge bench, remarked, "If you do not go for recording of Section 50 statements, you cannot take the defence that his statement was not recorded." Section 50 of the PMLA deals with the power of ED officials to summon and demand production of documents, evidence, and other materials.
Kejriwal's counsel, Abhishek Manu Singhvi, argued that one can be arrested only on evidence of guilt, "not mere suspicion." He contended that the threshold for arrest is also defined in Section 45 of the PMLA. Singhvi pointed out that the investigating agency had not recorded Kejriwal's statement.
The bench questioned Singhvi's stance, stating, "Are you not contradicting yourself by saying that his statements under Section 50 of the PMLA were not recorded? You don't appear on summons for recording of statements under Section 50 and then you say it was not recorded."
Singhvi responded, "Non-recording of Section 50 statements is not a defence to arrest me for reasons of believing there is guilt." He added, "I am saying other materials also do not establish my guilt. The ED came to my house to arrest me. Then why can't ED record my statement under Section 50 at my house?"
The Chief Minister has skipped summons for questioning nine times, according to the ED's affidavit to the court. Singhvi argued, "Today, you cannot say that we will arrest you because you did not appear on summons. Can you say that since you did not cooperate, you will be arrested? Non-cooperation cannot be a ground for criminality or grounds of arrest."
The Enforcement Directorate has contended that Kejriwal was avoiding interrogation and was evasive and uncooperative while recording his statement under Section 17 of the PMLA. Arrested on March 21, Kejriwal was in the agency's custody for questioning and was later moved to Tihar jail under judicial custody on April 1.
The case pertains to the Delhi excise policy of 2021-22, which was scrapped. The CBI has alleged that liquor companies were involved in framing the policy to receive kickbacks, which the ED claims were laundered.
The Supreme Court hearing in the case is set to continue today.
