The ED further said that the investigation over Kejriwal's role in the liquor policy case was not over and was at a nascent stage. "This plea has been argued as if it is a bail application not a plea for quashing the arrest," the ASG further said.
The Enforcement Directorate (ED) on Wednesday told the Delhi High Court that it wanted to attach some properties of the AAP in the Delhi liquor policy case but was in a dilemma. Additional Solicitor General SV Raju, appearing for the ED, said Kejriwal's petition challenging his arrest by the probe agency should be rejected.
"We want to attach some properties of AAP. If we do that, then they will say what is all this at the time of elections?. If we don't do it, then they will say where is the proof? We are in a catch 22 situation," the ED said.
The Delhi CM was arrested by the ED on March 21 and was initially sent to the custody of the probe agency for six days. The ED custody was later extended by four more days. On April 1, Kejriwal was remanded to judicial custody till April 15 and is presently lodged at Tihar Jail.
The ED also referred to Kejriwal's submission in Delhi's Rouse Avenue court where the AAP chief said the probe agency could keep him in custody for as many days as it wants.
"I am not opposing the remand petition of the ED. But this is a scam," the Delhi CM said during his remand hearing on March 28.
Citing the statement of Kejriwal, ASG Raju told the Delhi HC that one cannot ride two horses at the same time.
"He (Kejriwal) has said he had no objection to remand. If he had no objection, then what is the submission now? They are blowing hot and cold at the same time. It is a clear case of acquiscence and waiver," the ASG said.
Earlier in the day, Kejriwal told the court that his arrest was aimed at "demolishing his party" before the Lok Sabha elections. Senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, said the timing of Kejriwal's arrest was questionable, underlining that the Model Code of Conduct was in force.
"ED says because the accused said he is not opposing custody, his petition is infructuous. This is unheard of. I had argued that case one week ago. So, the accused is supposed to have given up?" Singhvi said.
