Excise policy case: Money laundering law can't become instrument of oppression, Sanjay Singh to HC

AAP leader Sanjay Singh arrested by the Enforcement Directorate in a case related to the nowscrapped excise policy for the city told the Delhi High Court on Tuesday that the law against money laundering cannot become an instrument of oppression as he demanded his release in the matterThe counsel for the AAP Rajya Sabha member argued that his arrest was illegal malicious and a classic case of perversion of power and therefore the subsequent trial court order remanding him to the agencys custody should be set asideThe Prevention of Money Laundering Act cannot become an instrument of abuse If such leeway is allowed nobody is safe This is a classic case of abuse and perversion of power senior advocate Vikram Choudhari submitted before Justice Swarana Kanta SharmaSingh who was arrested by the ED on October 4 had moved the high court last week challenging his arrest and remand in the money laundering case related to alleged irregularities in the scrapped Delhi excise policy for 202122The EDs money laundering case stems from the CBI FIRAccording to the CBI and the ED irregularities were committed while modifying the Delhi Excise Policy 202122 and undue favours were extended to licence holdersThe ED has alleged that Singh played a key role in the formulation and implementation of the policy which benefited certain liquor manufacturers wholesalers and retailers for monetary considerationsChoudhari on Tuesday contended before the high court that the arrest cannot be sustained as there was noncompliance with the legal provisions He also said there was no necessity to apprehend the AAP leader with without any prior notice or summonsI am a renowned public figure I am a mass leader of this country My arrest is malicious flouting procedure There is malice in law and fact the senior lawyer said objecting to Singhs arrest in the case on the basis of a statement made by approver Dinesh AroraThere is not a single summons issued to me On October 4 ED swoops into my house in the morning carries out search for the entire day After 13 statements to ED and CBI Arora suddenly makes a statement naming me he saidThe counsel added that the law mandates ED to record grounds of arrest necessitating the petitioners arrest which was not done and these grounds cannot be a mere chanting of the statuteIt was further said that although the order of arrest mentioned that custodial interrogation was needed to unearth the scam the money laundering law does not permit arrest unless there is reason to believe that a person is guiltIn the present case the grounds of arrest are a formality empty formality and camouflage he statedChoudhari also emphasised that until his arrest Singh was never named in any chargesheet filed by the CBI in the main case and his name was mentioned by ED in one of its chargesheet only as an errorPost his arrest the trial court had remanded Singh to the custody of the agency On October 13 he was sent to judicial custody till October 27Earlier Singhs counsel had argued that arrest of the reputed leader was a kneejerk reaction as it was done without complying with due process of law and it thus deserved courts condemnation to not only protect his liberty but also set the right precedentIn spite of a recent Supreme Court holding ED cannot be vindictive the agency continues to indulge in what they believe is correct and making arrests in an indiscriminate manner he had saidThe matter would be heard next on October 19 when the ED is expected make submissionsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever