The Directorate of Enforcement on Thursday told the Supreme Court that the Aam Aadmi Party (AAP) will be made a co-accused in the alleged money laundering case linked to the Delhi Excise Policy case and the complaint in this regard is in the pipeline.

Stating this to the bench of Justice Sanjiv Khanna and Justice Dipankar Datta, the Directorate of Enforcement said that there is a direct evidence of AAP’s national convenor and Delhi Chief Minister Arvind Kejriwal demanding Rs 100 crore as kickbacks in the case and is directly liable as he allegedly played a key role in formulating the excise policy.

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ASG Raju said that Rs 100 crores went to the AAP for its Goa election expenses. He said that there was evidence to show that Kejriwal’s stay at a seven-star hotel in Goa was partly funded by an accused.

The bench asked the ED whether the investigating officer can ignore exculpatory materials while exercising the powers of arrest. The bench said that while forming an opinion about the guilt of a person, the investigating officer has to weigh the entire material on his possession and he has done so, should be apparent.

The poser from the court to the ED came in the backdrop of senior advocate Abhishek Manu Singhvi appearing for Kejriwal, in the course of his submissions earlier, repeatedly telling the court that there were several witness statements, including by one who has now turned approver, exculpating him, which were ignored by the investigating officer who was engaged in cherry-picking of the materials to arrest him.

Since the arguments advanced by Additional Solicitor General SV Raji, also appearing for the ED, remained inconclusive, the court decided to continue hearing on Friday – May 17 at 2.30 pm. The hearing would conclude tomorrow and the bench is likely to reserve its order. Besides ASG Raju concluding his arguments tomorrow, Abhishek Manu Singhvi will advance his rejoinder arguments.

The top court had on May 10, granted 21 days bail to Kejriwal to participate in the ongoing Lok Sabha election. He has been asked to return to jail on June 2. Kejriwal was arrested on March 21, 2024, just before the general elections were announced.