The Delhi High Court issued a fresh notice to Delhi Chief Minister Arvind Kejriwal on Wednesday. This came in response to pleas by the Enforcement Directorate (ED) challenging his acquittal in two cases where he allegedly failed to comply with summons related to the excise policy. Justice Swarana Kanta Sharma presided over the hearing, noting that the previous notice had not reached Kejriwal.
According to the ED’s counsel, a notice had originally been issued on April 1, but no legal representation appeared for Kejriwal. The judge noted the registry’s report indicating the absence of service. “Registry reports that (he is) not served. I will issue fresh notice. Respondent has not been served,” Justice Sharma stated, scheduling the next hearing for July 22.
The ED’s complaint suggests that Kejriwal intentionally disregarded the agency’s summons, thereby impeding the investigation. The agency claims that he raised frivolous objections to his summons and fabricated reasons for not attending the probe.
In earlier proceedings, the ED’s counsel argued that the trial court had made a significant error in acquitting Kejriwal, highlighting that there was no dispute regarding the issuance and receipt of summons. Yet, Kejriwal had not appeared before the agency.
On January 22, the trial court criticized the ED, stating it did not adequately demonstrate that Kejriwal willfully disobeyed the summons. The order emphasized that the ED failed to prove that service of summons via email was conducted legally. “Neither the service of summons through emails has been proved by the ED nor the process of issuing summons under Section 50(2) of the Prevention of Money Laundering Act (PMLA) via email has been shown to be compliant with legal standards,” the trial court observed.
The ED has alleged that other individuals involved in the cases coordinated with Kejriwal to formulate the now-revoked excise policy. This policy allegedly resulted in significant financial gains for those involved, including kickbacks to the Aam Aadmi Party (AAP).
Currently, Kejriwal is out on interim bail in the money laundering case. The Supreme Court has referred critical questions regarding the necessity of his arrest under the PMLA to a larger bench for more thorough consideration.
Notably, on February 27, the trial court discharged Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others in the liquor policy case. The court declared that the Central Bureau of Investigation (CBI) case lacked any substantial foundation for legal action, and deemed it discredited.
The CBI’s appeal against this discharge remains pending in the Delhi High Court.
