National
Excise policy case: Delhi HC dismisses CM Kejriwal's plea challenging arrest by ED, remand order by trial court (Lead)
New Delhi, April 9 (IANS) The Delhi High Court on Tuesday dismissed Chief Minister Arvind Kejriwal’s petition challenging his arrest by the ED and the trial court order remanding him to the agency’s custody.
Justice Swarana Kanta Sharma, who presided over the case noted the ED’s submission that CM Kejriwal was in possession of enough material which had led them to arrest him.
Notably, last week, the ED had filed its counter-affidavit to CM Kejriwal’s petition.
Since his counsel Ramesh Gupta had submitted before Special Judge Kaveri Baweja of Rouse Avenue Court that CM Kejriwal has no objection to the custody/remand being extended further, it had said that the “petitioner (Kejriwal) has waived his right to question his custody as on today and the petitioner cannot now be allowed to argue that his custody as on today is illegal and present petition is liable to be dismissed on this ground alone.”
Justice Sharma on Tuesday dismissed CM Kejriwal’s plea challenging his arrest, citing sufficient evidence presented by the ED, including statements from approvers and allegations of involvement in the formulation of the excise policy.
“The court is of the view that the arrest of Arvind Kejriwal was not in contravention of legal provisions. The remand can’t be held to be illegal,” Justice Sharma said while reading out her order.
Responding to the Delhi CM’s contention regarding the timing of his arrest ahead of the General Elections, she said that law applied equally to all and courts were concerned with “constitutional morality” and not “political morality”.
“This court observed that political considerations and equations cannot be brought before a court of law as they are not relevant for legal proceedings. In the case at hand, it is important to clarify that the matter before this court is not a conflict between the central government and petitioner Kejriwal. Instead it is a case between Kejriwal and Directorate of Enforcement,” Justice Sharma said.
The court said the statements of approvers against the AAP National Convenor would be judged during trial as it cannot hold a mini trial at this stage.
It added that the AAP leader would be free to cross-examine the approvers at the stage of trial.
Justice Sharma said that the material collected by the ED suggested CM Kejriwal’s complicity in the alleged money laundering scheme, both in his personal capacity and as the National Convenor of the AAP.
The court held that Section 70 of the Prevention of Money Laundering Act (PMLA), which penalises offences by companies, was applicable in this case, despite CM Kejriwal’s argument that AAP is a political party and not a company.
Addressing concerns raised about the credibility of statements provided by approvers, the court defended the judicial process, saying that approver statements are recorded by the court and not by the probe agency.
It rebuffed allegations of coercion, stating that questioning the manner of recording statements undermines the judicial process.
Senior Advocate Abhishek Manu Singhvi, representing CM Kejriwal, argued that the ED failed to comply with Section 50 of the PMLA, and alleged coercion of approvers.
However, the court upheld the legality of the arrest and remand, maintaining that the AAP leader would have the opportunity to cross-examine witnesses, including approvers, at the appropriate stage of the trial.
“The files and material placed before us reveal that the mandate of law was followed by the ED. The trial court order is not a two line order. The statements with ED are of hawala dealers as well as AAP candidates in Goa elections,” the court noted.
In its counter affidavit, the ED had submitted that the remand order dated March 22 and the subsequent remand orders dated March 28 and April 1 under challenge are detailed and well-reasoned orders as is evident on a bare reading of the said orders and hence “warrant no interference.”
The agency had said that it complied with all procedural requirements of Section 19(1) and (2) of the PMLA as well as Article 22(1) and (2) of the Constitution of India during the arrest and remand of CM Kejriwal.
The agency had claimed that the AAP leader was the kingpin and key conspirator of the Delhi excise scam in collusion with ministers of the Delhi government, AAP leaders and other persons and that it has material in possession which demonstrates that he is guilty of the offence of money laundering.
The ED had also alleged that CM Kejriwal was directly involved in the formulation of the Excise Policy 2021-22, drafted “considering the favours to be granted to the South Group” and that he demanded kickbacks from the South Group in exchange for favours to them in the formulation and implementation of the Excise Policy 2021-22.
The Delhi High Court had, on March 27, refused any interim relief to CM Kejriwal, who was arrested by the ED on March 21 and is currently in judicial custody till April 15. A copy of Justice Sharma’s detailed order is awaited.
–IANS
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Mumbai, July 6 (IANS) Confounding the Maha Vikas Aghadi (MVA) allies, the Congress on Saturday invited applications from prospective candidates for the upcoming Maharashtra Assembly elections, along with a steep application fee.
State Congress vice-president Nana Gawande has issued a circular to this effect to all the district party units and other officials with the relevant instructions.
The non-refundable application fee would be Rs 20,000 for general category candidates, and Rs 10,000 for SC/ST and women candidates, and it is also open to others to submit their applications as per the prescribed rules.
All the applicants – new or party veterans – must submit their papers along with the fee to the district party offices or the regional office before August 10.
A similar drive has been launched in Haryana and Jharkhand. It was intended to throw up ‘good candidates ’whom the party leadership can consider for giving tickets, said an official.
A senior Congress leader said that the applications have been invited from all the 288 assembly seats.
On whether the Congress initiative could clash with the claims of ticket aspirants from the MVA allies Shiv Sena (UBT), Nationalist Congress Party (SP), and other alliance partners, the leader replied in the negative.
“This is a democratic attempt to bring up noteworthy candidates with extraordinary leadership qualities from among the lakhs of party activists spread all over Maharashtra, give them due prominence and if possible field them in the elections with full backing,” he explained, declining to be named.
Along with the party’s internal drive, Gawande said that the Election Commission of India (ECI) would be launching a program to update/revise the voters’ lists from July 25.
Accordingly, the party has called upon all Congress workers to ensure that all the eligible persons in their areas are included, particularly new voters (aged above 18) in the revised voters’ list as per the instructions of state Congress president Nana F. Patole and AICC General Secretary Ramesh Chennithala.
–IANS
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Seraikela (Jharkhand), July 6 (IANS) Days after resigning as the Jharkhand chief minister, JMM leader Champai Soren said on Saturday that he would have done more for the development of the state if he had got some more time.
While talking to the media, Champai Soren, who reached his assembly constituency Seraikela for the first time after resigning from the CM’s post, said, “All the wishes of a person who wants to work are never fulfilled. I tried to do good work as CM. We brought many schemes for people of all castes and communities. I am satisfied with the work I was able to do in a short period of time.”
The JMM leader named several public welfare schemes that he started during his nearly five-month tenure as Jharkhand CM.
He said that after Jharkhand became a separate state, the development did not happen the way should it have happened.
“Whatever decision is taken in the party and organisation, it has to be accepted. Whatever decision has been taken about me, I will work according to it. Whether I remain in office or not, I will continue to serve the public,” the former CM added.
Champai Soren reluctantly resigned on July 3 after being taken aback by the party’s decision. He reportedly had concerns about being replaced as the CM months before the upcoming Assembly elections in Jharkhand.
Champai Soren was opposed to the hasty decision with which the change was made.
–IANS
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New Delhi, July 6 (IANS) Newly-elected British Prime Minister Keir Starmer on Saturday welcomed Prime Minister Narendra Modi’s leadership on key global challenges as both leaders spoke over the phone following Friday’s results of the UK general elections which handed the Labour Party a landslide victory.
“The Prime Minister said he looked forward to further deepening the strong and respectful relationship between both countries, and welcomed Prime Minister Modi’s leadership on key global challenges, such as climate change and economic growth,” the British PM’s office said in a statement after the call.
It also mentioned that the two leaders discussed the importance of the living bridge between the UK and India, the 2030 roadmap, and agreed that there was a wide range of areas across defence and security, critical and emerging technology, and climate change for the two countries to deepen cooperation on.
“Discussing the Free Trade Agreement, the Prime Minister said he stood ready to conclude a deal that worked for both sides,” Starmer’s office stated.
As both leaders agreed to work towards the early conclusion of a mutually beneficial India-UK Free Trade Agreement (FTA), PM Modi also extended an invitation to Keir Starmer for an early visit to India.
PM Modi congratulated Starmer on his and the Labour Party’s “remarkable victory” in the general elections.
“Pleased to speak with Keir Starmer. Congratulated him on being elected as the Prime Minister of the UK. We remain committed to deepening Comprehensive Strategic Partnership and robust India-UK economic ties for the progress and prosperity of our peoples and global good,” PM Modi posted on X after the call.
Both leaders recalled the historic relations between the two countries and reaffirmed their commitment to further deepen and advance the Comprehensive Strategic Partnership between India and the UK.
“Appreciating the positive contributions of the Indian community in the social, economic, and political development of the UK. The two sides agreed to continue to promote close people-to-people ties. Both leaders agreed to remain in touch,” the Indian Prime Minister’s Office (PMO) said in a statement.
–IANS
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Pune, July 6 (IANS) NCP (SP) Working President Supriya Sule on Saturday said that the Maharashtra government should release a white paper on corruption in the state.
“Maharashtra Deputy Chief Minister and Home Minister Devendra Fadnavis must release a white paper on whether the 50 to 100 MLAs and MPs who have joined the MahaYuti are corrupt. He is the only person who can answer this question because he is the Home Minister of Maharashtra and he was the first person to raise these allegations,” Sule said while speaking to reporters after newly elected MP Ravindra Waikar was given a clean chit in a corruption case.
She criticised the ruling BJP for its alleged hypocrisy and corruption and demanded from the Deputy Chief Minister.
Sule also accused the BJP of a duplicitous approach where it first raises corruption allegations against political opponents, then welcomes them into its fold, and eventually elevates them to ministerial or legislative positions.
“This is like a washing machine. This means only two things: that corruption is acceptable to the BJP and that they are making corruption legal in India,” she said.
Sule also accused the BJP of using the ICE model – Income Tax, CBI and ED – to gain political influence in Maharashtra. She referenced the use of these agencies in various cases, including those involving Ashok Chavan, NCP (SP) leaders, and most recently, Ravindra Waikar.
In a sharp critique of the MahaYuti government in Maharashtra, Sule described it as an “MBBS government” – Mahagai (inflation), Berozgari (unemployment), and Bhrashtachari (corrupt) Sarkar.
She questioned the coalition’s stability and unity, asking, “How many engines does the MahaYuti government have? I thought they were a triple-engine government, but now they call themselves a double-engine government.”
Sule predicted a change in the state’s leadership, stating, “The government in Maharashtra will change in October.”
–IANS
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Mumbai, July 6 (IANS) Amid increase in the application of Artificial Intelligence (AI) across several fields, the Maharashtra Police have integrated AI to expeditiously solve various crimes, including burgeoning cyber and financial crimes, with the establishment of the Maharashtra Research and Vigilance for Enhanced Law Enforcement (MARVEL).
The company’s mandate is to strengthen intelligence capabilities and improve the state police’s ability to predict and prevent crimes using AI.
According to the state government, Maharashtra is the first state in the country to create such an independent entity for law enforcement.
The government will provide 100 per cent share capital to MARVEL for the first five years, amounting to Rs 4.2 crore annually.
The first installment of this share capital has recently been distributed, marking a significant step towards modernising law enforcement in the state.
On March 22, 2024, a tripartite agreement was signed between the Maharashtra government, the Indian Institute of Management Nagpur, and Pinaka Technologies Private Limited to establish ‘MARVEL’.
The company is registered under the Companies Act 2013, aiming to enhance law enforcement capabilities in Maharashtra through advanced AI technologies.
The integration of AI into the police force is expected to benefit crime-solving and prevention efforts by teaching machines to analyse information and mimic human thought processes.
Additionally, analysing available data can help predict potential crime hotspots and areas prone to law and order disruptions.
A Home Department officer said that Pinaka Technologies Private Limited, a Chennai-based company with experience in providing AI solutions to entities such as the Indian Navy, the Intelligence Department of Andhra Pradesh, the Income Tax Department, and SEBI, is collaborating on this venture.
The ‘MARVEL’ office is situated within the premises of the Indian Institute of Management in Nagpur, leveraging the institute’s expertise.
While Pinaka will deliver AI solutions tailored to the police force’s needs, the Indian Institute of Management Nagpur will collaborate on research and training initiatives.
The Superintendent of Police, Nagpur (Rural), and the Director of Indian Institute of Management Nagpur, will serve as ex-officio directors of the company.
Additionally, the Director of Pinaka Technologies Private Limited will also come on board.
The Superintendent of Police, Nagpur (Rural), will hold the ex-officio position of Chief Executive Officer.
(Sanjay Jog can be contacted at sanjay.j@ians.in)
–IANS
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