ED’s entire case based on hearsay: Arvind Kejriwal to SC

NEW DELHI: Delhi chief minister Arvind Kejriwal on Tuesday told the Supreme Court that the entire case made out against him by the Enforcement Directorate (ED), for his alleged involvement in the Delhi excise policy case, is based on "hearsay".

Appearing on behalf of Kejriwal, senior advocate Abhishek Manu Singhvi alleged that the federal agency deliberately "suppressed" statements of accused-turned-approvers wherein they had not said anything incriminatory against Kejriwal.

Accusing the ED of selectively using "incriminatory" statements of approvers to falsely implicate his client, Singhvi argued that the prosecution has been completely unfair.


A division bench comprising Justices Sanjiv Khanna and Dipankar Datta posted Kejriwal's plea, challenging his arrest by ED and seeking immediate release, for resumed hearing on Friday. The counsel for ED will present his counter arguments on Friday.

The bench told the ED counsel to answer (on Friday) certain queries, including the timing of Kejriwal's arrest. Kejriwal has alleged that he has been arrested by the federal agency at the cusp of the Lok Sabha elections only due to a political witch-hunt.

Referring to another claim by Kejriwal, the SC asked the ED counsel to explain on Friday the time gap between initiation of proceedings and action of his arrest.

The bench further asked the ED counsel to demonstrate the alleged involvement of Kejriwal especially in wake of no attachment of proceeds of crime in the case so far.

On Monday, the bench had verbally questioned Singhvi, counsel for Kejriwal "just out of curiosity, why did you not move application for bail?"

In response, Singhvi had said that "Kejriwal's arrest is illegal". Singhvi argued that ED's "power to arrest is not an obligation to arrest". He went on to argue that Kejriwal was not even arrayed as an accused or suspect in the charge sheets filed by the CBI and ED until the day of his arrest.