Delhi excise policy case: ED rubbishes AAP’s claim of deleting interrogation audio; mulling legal action against Atishi

Enforcement Directorate sources on Tuesday refuted claims that audio recordings were “deleted” from the statement of an accused in the Delhi excise policy-linked money laundering case, adding that they will take a “legal recourse” against Delhi minister and AAP leader Atishi for levelling such allegations. They said that the footage was recorded in video-only format during interrogation as the CCTV system did not have audio recording facility at the time. Audio recordings were added to the video capturing system of the ED interrogation process only in October last year, sources said.

Atishi, 42, claimed in a press conference that the ED “deleted” audio recordings of the video footage that was made during the interrogation of an accused.

“A few days ago, an accused had filed an application in the court seeking the CCTV footage of interrogation. He was made to confront a government witness by the ED and it had happened in a room where there was a CCTV camera. He moved an application since the statement submitted by ED in court was different from what had transpired in that room,” she alleged.
The minister claimed that the footage submitted by the ED in court did not have audio.

“ED had deleted audio recordings of the video footage of the interrogation. We have learnt from reliable sources that ED has deleted audio recordings of one-and-half-years of interrogation carried by it in the case,” she alleged and challenged the probe agency to produce the recordings in the court.

“We have also demanded in the court that the ED produce video and audio recordings of the interrogation,” she said. ED sources said the allegations made by the minister were “false, baseless and malicious” and that it will take appropriate “legal recourse” to counter her charge. They said all statements recorded during interrogations held under the Prevention of Money Laundering Act (PMLA) were done under active CCTV coverage and the same have been supplied to the accused as sought by them and the trial court (in the excise policy case) was also provided the same.

The CCTV footage, they claimed, was however recorded in video-only format as the then available CCTV system did not have the facility to record audio.

Agency officials said no audio recording was deleted by ED officials and the CCTV system at the agency was upgraded to record and store audio, along with video, only in October 2023.

Supreme Court guidelines had stipulated to keep the audio and video recording of statements for 180 days and the ED has upgraded its systems to ensure the compliance of the apex court’s order late last year, they said.

They added that the accused involved in the case has made the same statement before the court that he had recorded before the ED under the PMLA.

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