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Singh has moved the high court challenging his arrest and remand by the ED in a case related to the excise policy scam case. He was arrested on October 4 by the ED
In Aam Aadmi Party MP Sanjay Singh's plea challenging his arrest and ED remand in a money laundering case related to the Delhi excise policy scam, Senior Advocate Vikram Chaudhari contended that the present case is a classic case of abuse of power.
"Offence today is not about my conduct. In money laundering, there has to be proceeds of crime as per S. 19 PMLA...If you're (ED) yet to find the money trail, why have you arrested me? This is as arbitrary as it can be", he contended.
The senior counsel argued, "Was the arrest required? According to them(ED), they already had substance and documents for laundering. It was unnecessary. Absolutely! If this is not overreach, what is?"
While Referring to Vijay MadanLal Chaudhary judgment of the Supreme Court, Chaudhari contended, "While arresting the person, the agency is to inform the grounds of arrest...This safeguard is for maintaining fairness. Not a single averment in the remand application is there that S. 19(2) PMLA had been complied with".
The senior counsel contended that the Money Laundering Act was aimed at confiscation, and attachment of properties so, that the proceeds of crime are taken care of. "The legislature abhors arrest. The material in position does not mean ipsi dixit of this officer but the material in possession of unimpeachable character and of sterling quality can lead to a reasonable hypothesis of reason to believe that the accused is guilty. Not merely its [ED's] whims and fancies", he said.
"In this case, the grounds of arrest are a formality. It is anti-formality. It is a pretense. It is a camouflage for validating and totally invalidating action," Chaudhari argued while concluding his submissions.
Taking note of the submissions, the bench of Justice Swarana Kanta Sharma adjourned the matter for submissions of ASG SV Raju, on behalf of ED on October 19, 2023 at 12 noon.
Proceedings before Trial Court
Special Judge MK Nagpal of Rouse Avenue Court, on October 13, remanded the AAP leader to 14 days Judicial custody. He will be produced before the court on October 27. Notably, on October 10, the judge had extended the remand of Singh to Directorate of Enforcement (ED) custody further till October 13.
On October 10, the trial court had directed Singh not to give an interview to the media while being produced and also asked the press not to ask him questions. The judge had said, "Talking to the media while appearing in court creates a security problem".
Background
Singh was arrested on October 4 by the ED in the money laundering case. According to reports, Singh was taken into custody after day-long searches on his residence. This is the third high-profile arrest in the case.
The AAP MP was arrested a day after, a Delhi Court allowed Raghav Magunta son of YSR Congress MP Magunta Srinivasulu Reddy and businessman Dinesh Arora, both accused in the case to "turn approvers".
In the Prosecution complaint filed by the ED, Sanjay Singh's name appeared in a statement by Arora.
Arora and Magunta were arrested by the agency earlier this year and are out on bail. Besides the two, businessman and AAP's communication in-charge Vijay Nair was also arrested in September 2022, and former Delhi Deputy CM Manish Sisodia was arrested in February, this year.
Case Title: Sanjay Singh v. Union of India & Anr.
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