[Delhi Excise Policy Case] Arvind Kejriwal Moves Delhi HC Against ED Complaints Over Skipping PMLA Summons

Thank you for reading this post, don't forget to subscribe!

Justice Manoj Kumar Ohri directed the ED to respond to Kejriwal’s petition and scheduled a hearing for December 19.

NEW DELHI: Former Delhi Chief Minister Arvind Kejriwal today (12th Nov) approached the Delhi High Court challenging the validity of the criminal complaints filed by the Enforcement Directorate (ED) against him for not attending its summons in connection with the Delhi excise policy case.

Justice Manoj Kumar Ohri directed the ED to respond to Kejriwal’s petition and scheduled a hearing for December 19.

“Would you like to respond? File a reply,” the judge told the ED’s counsel. However, the Court declined Kejriwal’s request to halt the trial at this stage.

BRIEF FACTS

The complaint under Section 174 of the IPC was initiated for non-attendance, as required under Section 50 of the PMLA, which grants the ED powers to issue summons and demand documents.

The Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra initially summoned Kejriwal in this complaint, but a Sessions Court subsequently denied his request to stay the ACMM’s summons. On September 17, the Sessions Court also rejected his plea against the trial court’s cognizance of the complaint under Section 174.

READ ALSO: Excise PMLA Case| Delhi Court Delays ED Chargesheet Review Against Kejriwal & AAP

Senior Advocate Rebecca Mammen John argued that the complaint, filed under Section 174 of the Indian Penal Code (IPC) for failure to comply with the summons, was submitted by a different ED officer than the one who initially issued the summons under the Prevention of Money Laundering Act (PMLA).

John asserted that only the ‘public servant’ who issued the summons has the authority to file such a complaint.

Advocate Zoheb Hossain, representing the ED, challenged the maintainability of Kejriwal’s petition. Earlier this year, the ED had filed a case against Kejriwal for non-compliance with its summons in the excise policy investigation. Kejriwal was later arrested by the ED but was released on interim bail by the Supreme Court.

The underlying money laundering case originates from alleged irregularities in the Delhi excise policy for 2021-22, with claims that certain Aam Aadmi Party (AAP) leaders, including Kejriwal, exploited loopholes in the policy in exchange for kickbacks from liquor interests. The funds raised through this scheme were allegedly used to finance the AAP’s election campaign in Goa.

The case is being investigated by both the Central Bureau of Investigation (CBI) and the ED. Kejriwal was initially taken into ED custody on March 21, temporarily released on interim bail by the Supreme Court to campaign for the 2024 Lok Sabha elections, and subsequently returned to prison on June 2. While still in custody for the ED case, he was also arrested by the CBI on June 26 in what his lawyers called an “insurance arrest” to prevent his release if granted bail in the ED case.

The Supreme Court later granted him interim bail in the ED case on July 12 and, on September 13, bail in the CBI case, leading to his release from prison. Following his release, Kejriwal resigned as Delhi’s Chief Minister, and his party is now gearing up for the upcoming Assembly elections in Delhi.

FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE