Excise scam case: How is CBI’s case different from ED’s and why is Arvind Kejriwal arrested again? Explained

In a significant development ahead of the Supreme Court hearing on granting bail to Delhi Chief Minister Arvind Kejriwal, the Central Bureau of Investigation (CBI) has taken him into custody in the same case. The arrest is linked to money laundering charges in the alleged excise policy scam. Here is all you need to know: 

Excise scam case: How is CBI's case different from that of ED's?

It is important to note that the Enforcement Directorate (ED) has been investigating the case from a money laundering perspective. On the other hand, the CBI is probing the case against Kejriwal from the point of view of corruption and bribe-taking by public servants.

The ED arrested the Delhi CM in March on charges of money laundering. These charges pertain to the generation of alleged tainted funds and its use. Under Section 3 of the Prevention of Money Laundering Act (PMLA), concealment, possession, acquisition and use of tainted funds, projecting as untainted property, or claiming as untainted property are criminal offences. 

In 2022, a Prevention of Corruption Act (PC Act) case was registered by the CBI but Kejriwal was not named in it. However, after a month, the Delhi CM was called for questioning by the CBI. But his lawyer cited that he was summoned as a witness and not as an accused. 

Till now, the Delhi CM has not been named as an accused in the corruption case but has been linked to the money laundering case. The ED’s argument was that money laundering was a standalone offence that did not depend on the existence of a predicate offence.

However, the CBI has always had the option to arrest Kejriwal, but it first had to gather plausible evidence directly linking him to the alleged scam. This direct link is also questionable in the ED’s case. The ED has alleged vicarious liability, both as the Chief Minister of Delhi and as the convenor of the Aam Aadmi Party, to connect Kejriwal to the alleged tainted funds. However, this approach cannot be used in the corruption case.

The CBI arrested CM Kejriwal from the courtroom, in connection with the excise policy case.

The Aam Aadmi Party (AAP) national convenor was arrested by the CBI after the Vacation Judge of a Delhi Court allowed the probe agency to examine or interrogate him in the courtroom so that the agency could proceed with his formal arrest.

The court also asked the CBI to place on record the material that they have for his arrest.

(With inputs from the Indian Express)