Delhi Court Excuses CM Arvind Kejriwal from Personal Appearance for Today in ED Summons Evasion Case

Delhi CM Arvind Kejriwal told the court that he was unable to appear before it due to the ongoing Budget session of the Delhi Assembly. On 07 Feb 2024, Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra of the Rouse Avenue Courts in Delhi issued an order stating that she has taken cognizance of the complaint filed by the ED and is issuing summons to Arvind Kejriwal.

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Delhi Court Excuses CM Arvind Kejriwal from Personal Appearance for Saturday in ED Summons Evasion Case

NEW DELHI: A Delhi court Today (17 Feb 2024) granted exemption to Chief Minister Arvind Kejriwal from personal appearance for the day in connection with a complaint filed by the ED against him over non-compliance with its summonses in a money laundering case linked to the now-scrapped excise policy.

Additional Chief Metropolitan Magistrate Divya Malhotra granted relief to Kejriwal after the AAP leader appeared before the court via videoconferencing and urged for exemption from physical appearance for the day.

Kejriwal told the court that he was unable to appear before it due to the ongoing Budget session of the Delhi Assembly.

“Budget session is going on and we have a floor test today,”
-Kejriwal

Appearing for Kejriwal, senior advocate Ramesh Gupta told the court that the Delhi chief minister will appear before it in person on the next date of hearing.

Prosecutor ED said:

“There should be a direction to Arvind Kejriwal to appear personally or Adv. Ramesh Gupta’s statement be recorded for the same.”

Ramesh Gupta replied:

“I have said he will appear, just because you are ED lawyer doesn’t mean you can say anything.”

The court has adjourned the matter to March 16.

In its complaint, the Enforcement Directorate (ED) has alleged that the Delhi chief minister intentionally did not want to obey the summonses and kept on giving “lame excuses”. If a high-ranking public functionary like him disobeyed the law, it would

“Set a wrong example for the common man i.e the “Aam Aadmi”

-the agency said.

From the contents of the complaint and the material placed on record, prima facie offence under Section 174 of the Indian Penal Code (IPC) is made out and there are sufficient grounds for proceeding against the accused Arvind Kejriwal, the judge had earlier said.

“Accordingly, issue summons to accused Arvind Kejriwal for the offence under Section 174 of the IPC for February 17, 2024,”

-the judge had added previously.

Section 174 of the IPC relates to non-attendance in obedience to an order from a public servant. The ED on February 3 filed a fresh complaint case against Kejriwal for non-compliance of its summonses.

The AAP convenor had earlier written to the ED, describing the summonses issued to him as “illegal and politically motivated”. He had alleged that the summonses were aimed at preventing him from campaigning in elections.

Delhi Court Excuses CM Arvind Kejriwal from Personal Appearance for Saturday in ED Summons Evasion Case

The issuance of summons to Kejriwal by the Delhi court marks a pivotal moment in the investigation, signaling the judiciary’s intent to thoroughly examine the allegations of financial misconduct and policy manipulation. This case not only underscores the intricate relationship between politics and business in the realm of public policy but also highlights the rigorous scrutiny public officials and policies undergo in the face of allegations of corruption.

As the March 16 court date approaches, the political and legal communities are keenly observing the developments, anticipating the potential implications for governance and policy-making in Delhi. The outcome of this case could have far-reaching consequences for the involved individuals and the operational dynamics of the Delhi government, particularly in terms of excise policy formulation and implementation.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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