Case of perjury and fraud against Kejriwal

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Surajit Dasgupta20 Mar 2014

File photo of Arvind Kejriwal. 

On March 20, the news that the national convener of the Aam Aadmi Party (AAP) had allegedly committed perjury by making false declaration of his assets in the affidavit submitted to the Election Commission before the Delhi Assembly election was relegated to inner pages of newspapers and underplayed on television. Niti Central is the first media outlet to bring the full case out in the public domain.

On February 19, Neeraj Saxena and Anuj Kumar Agarwal, office bearers of Maulik Bharat Trust (engaged in voters’ awareness activities) accused Arvind Kejriwal of not mentioning many of his assets, and seriously undervaluing a property of his worth Rs 5.5 crore in the mandatory affidavit of assets and liabilities declaration that a candidate must submit to the Election Commission. Arvind Kejriwal had filed his nomination papers on November 16, 2013.

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Agarwal is also editor of the Dialogue India magazine. It seems Arvind Kejriwal fudged his true address as well as the nature of his assets. He appears to have done so repeatedly and consciously, with an intention of deception, Agarwal says.

Ghaziabad land worth Rs 2.2 crore undervalued to Rs 5.5 lakh

Arvind Kejriwal stated in the affidavit on his assets the address of one of his properties as Plot No. 11/44 Indirapuram, Ghaziabad, Uttar Pradesh, admeasuring 2400 sq ft, and declared its approximate current market value as Rs 55 lakh only. This is an incomplete and undeliverable address.

The correct address of this property is Abhay Khand II, Indian Revenue Services Officer’s Co-operative Group Housing Society, Plot No 44, Indirapuram, Ghaziabad, Uttar Pradesh. Its current market value is at least Rs 2.2 crores as the probable current market rate is Rs 1,00,000 per sq m for non-agricultural (residential) land in Indirapuram, Ghaziabad.

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Even as per the more conservative Government rates announced vide notification dated July 31, 2013 of District Magistrate Ghaziabad, Uttar Pradesh, Stamp Valuation of Property (Second Amendment) Rules, 2013, the valuation would be Rs 63,000 per sq m for Abhay Khand, Indirapuram, Ghaziabad.
Accordingly, the value of this property would be well over Rs 1.4 crore (222.96 sq m multiplied by Rs 63,000). Arvind Kejriwal did this, the petitioners complain, to keep his financial net worth under a figure of Rs 1 crore and conceal his actual net worth running into several crore rupees. Wilful concealment and suppression of the correct address and the value of the aforesaid property amounts to commission of a criminal offence under Section 125 A of the Representation of the People Act, 1951 punishable with 6 months of imprisonment and/or fine or both.

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Ghaziabad apartment not mentioned

Arvind Kejriwal failed to state the facts of being a beneficiary or owner of another property, which is situated at R 902, Girnar Apartments, Kaushambi, Ghaziabad, Uttar Pradesh.  A notice bearing number 631, for disconnection of the respondent’s electricity line (Book No 2014, Connection No 028342) dated June 27, 2013, was served in Arvind Kejriwal’s name. A copy of the notice was published on page 20 of the Dainik Jagran on 29 June 2013.

Arvind Kejriwal is a beneficiary of the property above, the details of which were also concealed and suppressed in his affidavit, the complainants allege. If the flat at Girnar Apartments is in the name of the defendant’s wife, even then declaring it to the Election Commission is mandatory.

Delhi address wrong

Arvind Kejriwal further mentioned a wrong residential address in his affidavit. He wrote it as 41 Bungalow, Hanuman Road, New Delhi 110001. The accused has never been a resident of this address. It was allegedly passed off as his residence to substantiate his domicile status as a citizen of Delhi for the purpose of contesting from the New Delhi constituency whereas he continued to reside in Ghaziabad, Uttar Pradesh, before and for days after the Delhi Assembly Elections 2013.

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He has said he would vacate the plot allotted to him when his daughter’s school examination is over and that he would then return to Ghaziabad. This further establishes he is not a natural resident of Delhi. Declaring false residential address in the Form 6 of the Registration of Electors Rules, 1960, is a punishable offence under Section 31 of the Representation of the People Act, 1950, punishable with one year imprisonment and/or fine or with both.

Properties mentioned in his trust’s deed omitted from affidavit

Kejriwal formed a trust as its “settler” on 19 December 2006 vide trust deed bearing number 14265 in the name of Public Cause Research Foundation (PCRF), wherein he gave his residential address as 403 L, Girnar, Kaushambi, Ghaziabad, Uttar Pradesh.

He registered the said trust’s deed at another address: 5/7, basement, Sarvapriya Vihar, New Delhi-110022. Ownership of both these properties, the donations made to the trust and the total value of the properties were not declared in his affidavit.

Rs 25 lakh collected from 468 questionable donors.

In 2012, an auditor’s report of PCRF in Schedule 10 under the heading, “Notes on accounts,” clause number 4 reads:

“The trust has refunded Rs 25,44,074.00 to 468 persons due to lack of information of (the) donor(s)”.
Collection of donation from clearly unidentifiable donors as well as refund to them amount “a serious financial fraud”, Saxena and Agarwal allege.

The complainants also allege that the purpose of research for which the trust was formed was never accomplished, since the same was only used as a financial arm to collect funds on behalf of India Against Corruption. Subsequently, allege the complainants, the funds were used by the Aam Aadmi Party (AAP), which was formed through a national convention on 24 November 2012.

Insurance policies, fixed deposits etc concealed

Kejriwal “concealed and suppressed” his, his wife’s and his children’s insurance policies, fixed deposits and other investments, which he ought to have been declared in his affidavit. “It is highly improbable for any prudent person not to invest in a Life Insurance Policy, Fixed Deposits or any futuristic investments for themselves, their spouse or their dependents”, the complaint by Saxena and Agarwal reads. They suspect the intention of the accused in not declaring such possible assets. They believe this was yet another attempt on the part of Kejriwal to keep his net worth below a certain level and “create an impression of an extremely austere personality”.

The complaint against Kejriwal was filed under Sections 125 A and 31 of Representation of People’s Act 1950, and Section 177 of Indian Penal Code, before the Chief Metropolitan Magistrate, New Delhi. This, after the complaints of Saxena and Agarwal were acknowledged by Commissioner of Police, Delhi, and referred to the Joint Commissioner of Police/Central Range for further necessary action (reference numbers 2808/E-mail dated 19 February and 3505/E-mail dated 4 March).

Earlier, they had sought to file a PIL on the issue, but the Delhi High Court directed them to pursue it before the appropriate forum; hence the complaint before a magistrate. The court of Metropolitan Magistrate Swati Katiyar has accepted the case and started hearing the witnesses of the petitioner. The Patiala House court has also issued summons to other witnesses. The next date of hearing is 7 May. Maulik Bharat is going to request the High Court to issue a directive to the trial court for daily hearing in accordance with the Supreme Court order of 10 March to trial courts that they must complete trials of criminal cases against MPs and MLAs within a year of charges framed.

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While filing his nomination papers on 16 November 2013, Arvind was required to swear by an affidavit his true address(es) as well as the right valuation of all his moveable and immoveable assets, and also those of his spouse and dependants. The complaint filed by Saxena and Agarwal in the court is compelling enough to believe the head of the AAP is not as honest as he pitches himself as while addressing the electorate. Interestingly, the disclosures made by Kejriwal initially on his party’s official website had shown only two properties — one in Indirapuram and the other in Gurgaon — which was even less than what he swore by in his affidavit to the Election Commission.


Source http://www.niticentral.com/2014/03/20/case-of-perjury-and-fraud-against-arvind-kejriwal-201561.html