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For AAP, both funding and “vicarious liability” of the party functionaries could be an issue. (PTI)
The naming of AAP as a beneficiary of crime could pave the way for ED to attach the party’s bank accounts and assets, crippling it for funds during elections
The Enforcement Directorate (ED) is likely to name Delhi Chief Minister Arvind Kejriwal, BRS leader K Kavitha, and the Aam Aadmi Party (AAP) as accused in its next prosecution complaint (supplementary chargesheet), agency officials have indicated, saying the chargesheet could be filed before May 15 when the 60-day period since Kavitha’s arrest ends.
“The law mandates that a chargesheet be filed within 60 days from the date of arrest,” an official said. The BRS leader was taken into custody by the ED on March 15.
ED had told the Supreme Court in October last year that it was taking legal opinion to name AAP as an accused. The agency, in its prosecution complaint, could name Kavitha as the key conspirator along with Kejriwal. AAP’s Goa associate Charanpreet Singh could also be named.
In its probe so far, the agency has found that the bribe money paid by ‘South Group’ businessmen was diverted to AAP’s Goa unit for poll funding. The ED, in its remand applications, has alleged that a network of informal cash couriers (angadiyas) were used to channel at least Rs 48 crore of hawala transactions. Chariot Productions Media Pvt Ltd, a firm engaged by AAP for its Goa campaign, could also be named. The ED alleges that between August 2021 and January 2022, Singh collected more than Rs 17 crore from angadiyas and made payments to election vendors, partly in cash.
Funding Could be Impacted
The naming of AAP as a beneficiary of crime could pave the way for ED to attach the party’s bank accounts and assets. The AAP has already alleged that Kejriwal’s arrest, just ahead of the Lok Sabha elections, is meant to stop him from campaigning for the party. The attachment of bank accounts could mean AAP being crippled for funds during elections.
The Congress had made similar allegations till the Income Tax department assured the Supreme Court that the due recovery from Congress will be made only after the elections are over.
For AAP, however, both funding and “vicarious liability” of the party functionaries could be an issue. The Delhi High Court has upheld the ED’s submission that “vicarious liability” of AAP’s top functionaries is made out and under Section 70 of PMLA, a political party can be impleaded.
President’s Rule?
BJP Delhi unit has repeatedly demanded that Kejriwal be dismissed by the Centre since there is no precedent of a chief miniter governing from jail.
Union government sources, however, indicated that the decision on President’s Rule may not be taken immediately. Sources told CNN-News18 that the Centre is likely to wait and allow Kejriwal to exhaust all his legal remedies. The Delhi CM has gone to the Supreme Court against his arrest after the Delhi High Court upheld the ED action.
“The Lieutenant Governor is in regular communication with the Ministry of Home Affairs. The constitution gives L-G the power to recommend President’s Rule if, in his view, the governance of NCT Delhi is suffering. The situation is developing and is being monitored,” an MHA officer said when asked if the L-G had written to MHA on the issue.
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