“We have chats between Kejriwal and Hawala operator”, claims ED; Singhvi asks if the last minute revelation was for media and to prejudice the court

The Enforcement Directorate (ED) on Friday has claimed before the Supreme Court that agency is in possession of “personal chats” between Delhi Chief Minister Arvind Kejriwal and a hawala operator in connection with the alleged liquor policy scam for which Kejriwal was arrested by the agency on March 21 this year. The charge was vehemently contested by Kejriwal’s counsel, calling it a last minute attempt to “prejudice” the hearing. The fresh revelation came before the bench on the last day of the hearing of the petition where Kejriwal has challenged his arrest by the ED. The bench of Justices Sanjiv Khanna and Dipankar Datta reserved its verdict on Friday. ED, however didn’t mention then name of the hawala operator. “Now we have found chats between Arvind Kejriwal and the hawala operator. Personal, direct chats”, said Additional Solicitor General S V Raju before the bench, representing the ED. 

Abhishek Manu Singhvi, appearing for Kejriwal had strongly objected and questioned the timing of the allegation. He further asked if the claim was to add sensationalism to the media reports. 

Court Room Exchanges- 

ASG Raju: We have found chats between Arvind Kejriwal and a hawala operator

Singhvi: This is for whom? The court or the media?

SG Tushar Mehta: We are not in a press conference, we are addressing the court.

Singhvi: Was he suppressing this information till today to prejudice the outcome? This is not the role of the prosecutor.

Singhvi: This is to create doubts at the last minute. Your Lordships will not be prejudiced. This is persecution. 

Singhvi: This wasn’t mentioned on the grounds of arrest, it has not been argued until 4.30 (pm) on Friday. Is it fair?

SG Mehta: We have arrested the hawala operator now. 

Singhvi: It is very convenient to arrest a hawala operator at 4.30pm on Friday and say this to the court.

The bench had asked ED if the evidence that they were relying on as ‘reasons to believe’ that the arrest was necessary were supplied to the Kejriwal in writing. ASG responding to that said that the grounds of arrest were need to be supplied and not what constitutes ‘reason to believe’.

“Section 19, if I read your note and understand it correctly, you say that he (investigating officer) must have material in his possession which gives rise to a reasonable suspicion that he is guilty…Statute says reason to believe and you want to read it as reasonably suspects?” Asked Justice Khanna to the ED

Abhishek Manu Singhvi reiterated that the agency “had ignored nine exculpatory statements of witnesses but given weight to one that sought to indict Kejriwal”. He also raked up the issue of Electoral Bonds, claiming the statement that indicts Kejriwal came from P Sarat Reddy whose firm had made donations to BJP.