AAP major beneficiary of proceeds of crime, ED tells SC

New Delhi : The Aam Aadmi Party (AAP) is the “major beneficiary” of the proceeds of crime generated in the alleged Delhi excise policy scam and has committed the offence of money laundering through its national convenor Arvind Kejriwal, the Enforcement Directorate (ED) has told the Supreme Court.

The ED has claimed the investigation done so far has revealed a part of proceeds of crime-- cash totalling around Rs 45 crore -- was utilised in the AAP’s 2022 Goa assembly poll campaign. Reacting to the ED’s affidavit filed in the apex court, the AAP alleged the probe agency has become “a machine for telling lies”.

In a reply affidavit filed in the top court on Kejriwal’s plea challenging his arrest in a money laundering case stemming from the alleged excise policy scam, the ED has claimed statements of various persons engaged in the campaign related activities by AAP in Goa have revealed that cash payments were made to them for the work they did as survey workers, area managers, assembly managers etc.

“The Aam Aadmi Party (AAP) is the major beneficiary of the proceeds of crime generated in the Delhi liquor scam. Part of the proceeds of crime to the tune of cash of Rs 45 cr approx. has been utilised in the election campaign of AAP in Goa Assembly elections 2022,” it said. “In this manner, AAP has committed the offence of money laundering through Arvind Kejriwal and the offences thus are covered by section 70, PMLA 2002,” the ED said. Section 70 of the Prevention of Money Laundering Act, 2002 (PMLA) deals with offences by companies.

The ED said AAP is a political party comprising an association of individuals registered under section 29-A of the Representation of the People Act 1951. It said under section 29-A of the 1951 Act, only an association or body of citizens of India can make an application for registration as a political party and since AAP is an association of such individuals it got itself registered under the Act, more particularly under section 29-A. “Since AAP is also an association of individuals, it would fall within the definition of ‘company’ as contemplated under section 70 of PMLA, 2002,” the ED said. It said as the national convenor of AAP and member of the national executive, Kejriwal was ultimately responsible for the funds being used in the election including their generation.