NEW DELHI: Enforcement Directorate officials on Friday said their probe into the money laundering case linked to Delhi’s excise duty policy is an “independent” probe based on credible evidence and testimonies from various entities.
A Delhi court decided to exempt former Delhi Chief Minister Arvind Kejriwal, his former deputy chief minister Manish Sisodia, and 19 others in the RBI case on Friday.
The ED case, dated August 22, 2022, stems from an FIR issued by the RBI on August 17, 2022 investigating alleged irregularities in the Delhi government’s tax policy for 2021-2022. Kejriwal, the national convener of the Aam Aadmi Party, was the chief minister of Delhi at that time.
The agency cannot independently register a criminal case under the Prevention of Money Laundering Act and must take cognizance of a complaint from the police, CBI or any other law enforcement agency, as mentioned in the law.
According to the judgment of the Supreme Court in the Vijay Madanlal case, once the accused is acquitted of the scheduled crime, the crime of money laundering automatically ceases.
The ED argues that money laundering should be treated as a stand-alone crime regardless of the outcome of the original case or the underlying case investigated by the CBI or any other agency, the officials said.
They said the evidence adduced by the agency in the chargesheets relating to Delhi’s excise tax policy was “credible” and different from the CBI’s evidence, and the process of money laundering and the layers and status of the alleged proceeds of crime are explained in detail.
The court has not yet decided on the merits of the ED case, officials said, adding that they will present their arguments when needed.
The Supreme Court is also considering whether the money laundering case should be separated from the predicate offense or whether the existing provision, as defined in the Vijay Madanlal case, should continue, they added.
The anti-money laundering agency filed a total of eight indictments, naming 40 entities. They arrested 18 people, including Kejriwal and Sisodia.
Kejriwal has been described as the “leader and main conspirator” in the Delhi tax “scam” by the ED. He was alleged to have acted in collusion with Delhi government ministers, leaders and other persons.
President A on Friday asserted that the corruption case against him was the “biggest political conspiracy” in the history of independent India.
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