The Enforcement Directorate (ED) informed the Supreme Court on May 17 that they had uncovered personal chats between Arvind Kejriwal and individuals involved in hawala operations.
Solicitor General Tushar Mehta addressed a bench composed of Justices Sanjiv Khanna and Dipankar Datta, revealing, “We have just apprehended the hawala operator. Although Kejriwal had destroyed many phones, we have recovered pertinent data from the hawala operators.”
This revelation came after Justice Khanna requested the ED to provide all the evidence they used following their decision in the Manish Sisodia case. Additional Solicitor General SV Raju further elaborated, “We have now found personal chats between Arvind Kejriwal and the hawala operator,” presenting this new evidence to the court.
Senior Advocate AM Singhvi, representing Kejriwal, challenged the timing and manner of the ED’s disclosure, stating, “This is unfair. This information is being disclosed now at 4:30 PM; this constitutes suppression of evidence.”
The ED has alleged that Kejriwal demanded Rs100 crores during the Goa elections, funds which were subsequently transferred through hawala channels.
On May 10, the Supreme Court of India granted interim bail to Delhi Chief Minister Arvind Kejriwal, allowing him to campaign for the Aam Aadmi Party in the upcoming 2024 General Elections.
The previous day, the Enforcement Directorate informed the court that Kejriwal, after being released on interim bail, made public statements that they characterised as undermining the judicial process. During the hearing on Kejriwal’s plea against his arrest by the ED, the division bench was told, “The court instructed him not to discuss his role in the case. Yet he is making statements like, ‘They say I have to go back to jail in 20 days. If you vote for the broom, then I will not have to go to jail…'”
In response, Justice Sanjiv Khanna clarified, “That is his assumption. He will have to surrender. Our order is very clear. We have fixed the timeline for when he must surrender. We are not making exceptions for anyone. What we deemed correct, we have ordered. Let’s stick to the legal issues.”
The interim order specifically mandated, “He will not interact with any witnesses or have access to any official files related to the case.”
The decision to grant interim relief to the Delhi Chief Minister faced considerable opposition from Solicitor General Tushar Mehta and Additional Solicitor General SV Raju, who represented the ED in court.
The ED also submitted an affidavit arguing that under the Prevention of Money Laundering Act, numerous politicians are currently in judicial custody, and there is no basis for granting Kejriwal special treatment.
Solicitor General Tushar Mehta strongly contested the interim bail, asserting that it created a perception that it would be disastrous if Kejriwal were not allowed to campaign.
