How did ED steno type 17 pages of grounds of arrest in 35 minutes? AAP minister Sanjeev Arora to P&H HC

Aam Aadmi Party (AAP) minister Sanjeev Arora on Tuesday argued before the Punjab and Haryana High Court that his arrest by the Enforcement Directorate (ED) was illegal as the proper procedure required for arrest was not complied with by the agency.

The submission was made before a Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry during the hearing of a petition challenging Arora's arrest by the ED in a money laundering case.

Senior Advocate Puneet Bali, representing Arora, questioned how the grounds of arrest supplied to Arora could have been typed out in 35 minutes - from the time Arora gave his statement at 3.25 pm to the time of his arrest at 4 pm. This was a giveaway that the grounds of arrest were pre-recorded, pre-typed and kept ready.

"Grounds of arrest are recorded on basis of petitioner’s statement at 3:25 PM. There was no notice to petitioner. Let us give ED steno a mega award for typing 17 pages in 35 minutes. Please get the best steno of the country and tell him to type this in 35 minutes. These grounds of arrest should have been ignored by the trial judge. They were pre-recorded, pre-typed and orchestrated. All fictitious compliance of law," Bali argued.

After some arguments, the Court today adjourned the matter to Friday while asking Arora's counsel to quickly conclude his arguments.

Arora was arrested by the ED on May 9 in a money laundering case alleging bogus purchase and export of mobile phones by Hampton Sky Realty Limited. Arora was the Chairman and Managing Director of the company when the alleged offences took place, as per the ED.

A special PMLA court in Gurugram on May 9 remanded Arora to ED custody till May 16.

The agency has alleged that the exports were without any actual movement of goods and were used as a conduit for remittance of foreign exchange from abroad to India. Arora has been accused of violating provisions of Foreign Exchange Management Act (FEMA).

Most of the suppliers of the company were dummy/fake entities not found be dealing in supply of mobile phones and merely provided accommodation entries to Hampton Sky, as per the ED.

Hampton Sky had allegedly reported a sale of mobile phone valued at about ₹157.12 crore during 2023-24 to local and overseas entities. Out of the total amount, the exports to the extent of ₹102.50 crore were made to two UAE-based entities, the ED has alleged.

On Tuesday, Arora argued before the High Court that he was arrested by the ED as part of an ongoing fight between the Bharatiya Janata Party (BJP) and Aam Aadmi Party (AAP) in Punjab.

He also said that the transactions were carried out through regular banking channels and are supported by invoices, shipping bills, customs examination, IMEI verification, Bank Realisation Certificates, GST returns and audited books of accounts.

When the matter was heard on Thursday, Senior Advocate Puneet Bali appearing for Arora, said that the case is an example of "political vilification".

He said that the Magistrate order remanding the accused to ED custody was illegal.

"This petition is filed through son. Even request to give vakalat or power of attorney was denied. Unheard of. Concerned judge failed in his duty. If order giving remand is illegal, I have to be set free forthwith," Bali said.

He said that the minister was detained effective from 7 am on the concerned day though the arrest was recorded only at 4 pm.

"ED officers entered residence of sitting minister at 7 am. He was not allowed to go out of residence. They may record arrest at 4 pm but the moment you detain a person, it is the time of arrest. ED produced me before concerned judge at 10:30 PM. The judge asked why the person was being produced at night. Answer was we don’t want to fail the line of 24 hours. 24 hours will expire at 7 am, they said. If grounds of arrest were given at 4 PM, he has to be set free," Bali argued.

On the merits of the case, Bali highlighted that Arora had paid GST on all transactions and all transactions were through proper banking channels.

"I have paid GST to vendors. GST department said no to refund. I paid them 2 crore. They say I caused loss? They say no export happened? They say I have taken setback but not setback is given. All transfers are through RTGS," Bali argued.

He also disputed ED's stance that the purchase of mobile phones were bogus.

"There is no bogus purchase. Statutory authority has recorded this. I am a minister. These transactions are of 2023-24. I am not a person from across border. I am not doing any illegal activity. How are they treating me? They say I am arrested for evasive replies. Supreme Court in Pankaj Bansal says you can’t arrest on this ground, expect a person to confess," Bali maintained.

The hearing will continue tomorrow.

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