Following the Enforcement Directorate’s assertion of possessing “adequate material” against Arvind Kejriwal in a money-laundering case, the Delhi High Court Today (March 21st) requested the agency to provide evidence supporting their claim.
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NEW DELHI: Ahead of Chief Minister Arvind Kejriwal‘s plea seeking protection from coercive action in a money-laundering case linked to the excise policy, the Delhi High Court has requested the Enforcement Directorate (ED) to present any evidence they may have against the Aam Aadmi Party (AAP) leader.
“If you’re not disclosing to him any details, then we need to know if there is any material you have against him, based on what you are calling him,”
-the court stated to the probe agency.
This development follows the ED’s assertion of having “sufficient material” against Kejriwal. The hearing commenced at 2:30 pm today.
At the outset of the hearing, the judges requested the ED’s files to be presented in their chambers.
A bench headed by justices Suresh Kumar Kait and Manoj Jain deferred Kejriwal’s plea after his counsel sought a postponement.
The interim relief application is part of Kejriwal’s petition challenging the summonses issued to him for questioning by the ED. Kejriwal’s appearance before the agency has been a point of contention, with him repeatedly refusing to comply, deeming the summonses illegal.
On a prior occasion, the court queried why Kejriwal was not attending the agency’s summons.
Senior advocate Abhishek Singhvi, representing Kejriwal, affirmed that his client would appear before the ED but sought protection from coercive action due to the agency’s “clear intent” to apprehend him, especially with elections nearing.
In his petition, Kejriwal argued that the arbitrary application of the Prevention of Money Laundering Act aimed to tilt the electoral process in favor of the ruling party at the Centre during the upcoming general elections, thus creating an uneven playing field.
The case revolves around alleged corruption and money laundering related to the formulation and execution of Delhi government’s excise policy for 2021-22, which was subsequently revoked.
BACKGROUND
Earlier the Delhi High Court on March 20th sought the stand of the ED–Enforcement Directorate on a petition by Chief Minister Arvind Kejriwal challenging the summons issued to him in an excise policy-linked money laundering case.
Additionally, Kejriwal has contested the interpretation of Section 2(1)(s) of the Prevention of Money Laundering Act (PMLA), which currently extends its definition of a “person” to include political entities.
The Division Bench, comprising Justices Suresh Kumar Kait and Manoj Jain, refrained from issuing a formal notice regarding the plea following the ED’s questioning of the petition’s validity.
During the legal proceedings, the bench inquired why Chief Minister Kejriwal was avoiding the agency’s request for interrogation. In response, Kejriwal’s legal representative, Senior Advocate Abhishek Manu Singhvi, expressed concerns that the ED might arrest the Chief Minister, although he assured the court of Kejriwal’s willingness to comply with the summons given assurance against arrest.
The Bench queried,
“You are a citizen of the country, the summons is by name only. Why don’t you appear?”
The court further questioned Singhvi about the ED’s usual practices, particularly whether it typically detains individuals upon their first summons. Singhvi highlighted the recent arrests of AAP leaders Manish Sisodia and Sanjay Singh, describing these actions as part of the ED’s “new style.”
“This is the new style,”
–he stressed.
Representing the ED, Additional Solicitor General (ASG) SV Raju and Special Counsel Zoheb Hossain argued that Kejriwal’s petition was not legally sustainable. Raju emphasized,
“I am saying notice can’t be issued in this matter because he has come against summons… This is only the stage of summons… The petition is not maintainable… I will show how this is not maintainable. Give us some time to file a reply.”
The court granted the ED a two-week timeframe to submit a formal reply regarding the petition’s maintainability, scheduling the next hearing for April 22.
Kejriwal has consistently avoided responding to the federal agency’s summons, having bypassed them nine times. He has denounced the ED’s actions as baseless and politically motivated, alleging misuse by the government.
Despite the ongoing legal challenges, Kejriwal received bail from the trial court in this matter on March 16, following the rejection of his plea in the sessions court to halt proceedings on March 15.
The ED’s investigation is an offshoot of a Central Bureau of Investigation (CBI) case initiated on August 17, 2022, addressing purported anomalies in the Delhi Excise Policy for the fiscal year 2021-22, triggered by a complaint from Lieutenant Governor VK Saxena dated July 20, 2022.
The alleged conspiracy involves several AAP leaders, including former Deputy Chief Minister Manish Sisodia, in addition to other unidentified parties. Accusations suggest intentional policy gaps aimed at benefiting certain licensees and conspirators following the tendering process, with Sisodia and Sanjay Singh, an AAP Rajya Sabha MP, currently detained.
Moreover, on March 15, 2024, K Kavitha, daughter of Bharat Rashtra Samiti legislator and former Telangana Chief Minister K Chandrashekar Rao, was also arrested in connection with the ongoing case.
Click Here to Read Previous Reports on Arvind Kejriwal
Click Here to Read Previous Reports of Delhi Excise Policy Scam
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