As the national convener of the Aam Aadmi Party (AAP), Arvind Kejriwal used his position as chief minister of Delhi to commit a money laundering offence and further the interests of his party.
As a result, both the party and the individual may face legal action, according to the Enforcement Directorate (ED), which also classified the AAP as a “company” for the purposes of the Prevention of Money Laundering Act (PMLA).
ED claimed in its remand note, while presenting the chief minister to the court, that Kejriwal was “in-charge of and responsible for the said ‘company,’ i.e., AAP for the conduct of business of AAP” at the time of the commission of an offence under PMLA in the Delhi excise policy 2021–2022, designating him as both the brains behind the AAP and someone who controls its major activities.
Not only was Kejriwal the architect of the AAP, but he also oversaw its main initiatives. According to the testimony of the witnesses, he was also among the founding members and participated in the policy’s decision-making process. In its remand note from Friday, the ED stated that “he is also involved in the demand for kickbacks, which have, among other things, generated further proceeds of crime.”
In accordance with Section 70 of the PMLA, which addresses “offenses by companies,” the agency has classified AAP as a “company.” Explaining how AAP is a “major beneficiary of the proceeds of crime,” the ED remand note says, “Part of the proceeds of crime to the tune of cash of ₹45 crore has been utilised in the election campaign of AAP in the Goa assembly elections 2022.”.
HT first revealed in January of this year that the ED had named the AAP as a beneficiary in its charge sheet against Sanjay Singh.
“Taking advantage of the fact that he was also the Chief Minister of Delhi, he used the said post to facilitate the offence of money laundering punishable under Section 4 of the PMLA by the ‘company’ i.e., AAP. Therefore, irrespective of his role and liability for the direct commission of the said offence, he is also vicariously liable for the offence committed by the AAP, being the national convener of the said party, and because of his role and active involvement in the day-to-day affairs and the conduct of the business of the AAP.” This is how the ED describes how he used his CM post to commit the crime.
Referred to as the “kingpin” and “key conspirator,” the Delhi government’s ministers, AAP leaders, and other individuals have all admitted that Kejriwal was part of a plot to craft the excise policy 2021–22 in a way that would benefit specific individuals and that he also demanded bribes from liquor merchants in return for favorable treatment.
The Enforcement Department (ED) on Friday named AAP MLA Durgesh Pathak in its remand note regarding the AAP’s alleged use of Rs. 45 crore in kickbacks during the Goa assembly elections. The ED based this decision on an AAP candidate’s claim that they received cash during the campaign.
“AAP MLAs Durgesh Pathak and Vijay Nair in Delhi oversaw the management of these individuals and election-related activities. Several people involved in AAP-related election campaign activities in Goa have stated that they were paid in cash for their work as assembly managers, area managers, survey workers, etc.
According to the ED, this further demonstrates how Manish Sisodia’s representative in the Goa elections misused and wasted the proceeds of crime. This is further supported by the fact that one of the AAP candidates for Goa in 2022 received cash contributions from AAP volunteers in Goa to help with election expenses,” the statement continued.
The Enforcement Directorate (ED) has asserted that Kejriwal was “in charge of and responsible for the said “company,” i.e., AAP, for the conduct of AAP’s business at the time of the offence, linking him to the creation and use of this kickback.
“Hence, not only the AAP but also Kejriwal will be considered guilty of offenses punishable under Section 4 of the PMLA and will be subject to prosecution and punishment as stipulated under Section 70 of the PMLA,” the remand note read.
According to the agency, Kejriwal “did not exercise any timely diligence to prevent such contravention” and that the money laundering in the Delhi excise policy occurred “with his knowledge.”
According to the ED, “Kerjriwal, who is the chief minister of Delhi and the national convenor of the AAP, has given his consent or connivance for the said offence of money laundering to occur.”
The CM has been “intrinsically” involved in the entire conspiracy of the Delhi liquor policy irregularities, according to the agency. This refers to his actions in formulating policy, forming a kickback scheme with members of the South Group, and ultimately utilizing a portion of the proceeds of crime for the AAP’s election campaign.
In this way, it is proven that Kejriwal, the AAP’s supreme leader, was inherently involved in the creation of policies, the kickback scheme, and the eventual use of the money obtained from crimes, including their conspiracy. Thus, in addition to his role in his individual capacity, he is also liable under Section 70(1) of PMLA, 2002, for the use of the proceeds of crime totaling ₹45 crore in the AAP’s Goa election campaign,” the ED stated.
Those with knowledge of the events said that even though the CM spent the night at the ED headquarters, he was given permission to rest and was not questioned by the probe team.
Because of his diabetes, the ED also made arrangements for insulin, and doctors visited him both at night and in the morning.
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