Today (March 21st), the Delhi High Court refused to grant interim protection to Delhi Chief Minister Arvind Kejriwal in the case concerning summons issued by the Enforcement Directorate (ED). Despite Kejriwal’s plea, the court declined to provide interim bail, setting the next hearing for April 22.
NEW DELHI: Today (March 21st), the Delhi High Court denied interim protection from arrest for Delhi Chief Minister Arvind Kejriwal concerning the summons issued by the Enforcement Directorate (ED) related to the Delhi excise policy case.
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The bench, comprising Justice Suresh Kumar Kait and Justice Manoj Jain, suggested that no such safeguard will be granted at this juncture.
Kejriwal’s plea for interim protection has been scheduled for hearing on April 22, coinciding with his primary petition contesting the ED’s summons. The court, however, refrained from passing any immediate orders in this regard.
The chief minister has been summoned by the ED on nine occasions, yet he has opted to disregard the summons each time, labeling them as malicious and accusing the government of political misuse of the agency.
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The Enforcement Directorate (ED) lodged two complaint cases against Kejriwal to enforce compliance with the summons, leading to his bail being granted by the trial court on March 16.
Kejriwal submitted the plea before the Sessions Court to stay the ED proceedings on March 15. He subsequently approached the High Court, challenging both the ED summons and the ambit of Section 2(1)(s) of the Prevention of Money Laundering Act (PMLA), to the extent it includes a political party within its ambit.
The High Court, on March 20, requested the ED submit its response regarding the petition’s validity. Today, the court heard his request for interim relief.
During the recent hearing, Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, argued that the summons coincided with the announcement of Lok Sabha elections, suggesting a deliberate attempt to disrupt the election procedure. Singhvi emphasized Kejriwal’s readiness to cooperate with the investigation, highlighting his willingness to participate through virtual means or respond to questionnaires.
In response, Additional Solicitor General (ASG) SV Raju, representing the ED, asserted that the law must apply uniformly, irrespective of Kejriwal’s political position. Raju clarified that Kejriwal was summoned in his capacity, not as Chief Minister or AAP’s National Convenor, emphasizing the necessity of his interrogation.
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“There is a necessity to call him (Kejriwal) for interrogation. We cannot go beyond the law. The law is the same, whether he is the Chief Minister or not… We are calling him not as Chief Minister or Chief of AAP but in his personal capacity. A person who has no respect for the law is not entitled to any protection of the law,” the ASG said.
Raju dismissed Kejriwal’s challenge to PMLA provisions regarding political parties, citing their non-involvement in the case so far. He stressed that neither Kejriwal nor AAP had been accused in the matter, thereby lacking the standing to contest PMLA provisions preemptively.
Background
The ED’s investigation was initiated in a CBI case filed on August 17, 2022, following allegations of irregularities in the Delhi Excise Policy for 2021–22. The case, initiated based on a complaint from Lieutenant Governor VK Saxena, implicates AAP leaders and other private entities for alleged irregularities in policy formulation.
Former Deputy Chief Minister Manish Sisodia and AAP Rajya Sabha MP Sanjay Singh have already been arrested in connection with the case, with the recent arrest of K Kavitha, daughter of Bharat Rashtra Samiti legislator and former Telangana Chief Minister K Chandrashekar Rao, adding a new dimension to the case.
