Why can't Kejriwal prove his innocence and come out of jail?
Sometimes proving innocent is practically impossible, no matter what you do. Suppose you are working in an office and one of your junior female colleagues raises an allegation that you have given an inappropriate proposal to her when she was in your cabin, or you have taken advantage of her. No proof, nothing, she just came out crying from your cabin. You are finished. Whereas you have done nothing.
What actually might have happened was that she might have threatened you to give her a promotion or hike else she would allege that you have misbehaved with her. But nobody would listen to your part of the story. And even if people listen to you, by the time the inquiry declares you not guilty, you are already finished. My boss taught me that whenever you deal with a female colleague, keep the door of your cabin open, the curtain should never be closed, and have people around if it's a confronting situation. These days people have CC TV cameras with audio recording as safety measures.
The ED arrests are like that. The ED may keep you in custody for years based on their doubt or simply based on some alleged statement or based on their allegation that you are not cooperating in the investigation. And you may languish in jail without even ED framing charges on you and filing a chargesheet. The ED and the media may make you a villain and a criminal with all sorts of made-up stories and propaganda simply to justify your long custody. Both are experts in character assassination without an iota of proof in most cases. This is exactly the reason that the ED’s success rate in securing convictions is just 0.5%. The accused are helpless since they are behind bars, plus in most cases, the property of the accused is attached. The draconian provision of the PMLA Act gives unlimited power to the ED.
The accused has to go through the pain and agony of long custody and not having any means to fight the legal battle. In most cases, we have seen that the ED has secured long custody, but they have failed even to hold their case when the trial started. The accused can prove their innocence only when the trial is started. Otherwise, who will listen to them? Under the PMLA jail is the rule and bail is the exception. So Kejriwal has no opportunity or avenue to prove that he is not guilty since charges have not been framed and the trial has not started
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