HC seeks ED response to Kejriwal's challenge of summons in excise policy case

The Delhi High Court on Wednesday (March 20) asked the Enforcement Directorate (ED) to present it stance regarding a petition filed by Chief Minister Arvind Kejriwal, challenging the summons he received in connection to a money-laundering case linked to the now-scrapped Delhi excise policy.

The investigating agency claimed the petition of the AAP national convenor, which also challenges certain provisions of the Prevention of Money Laundering Act (PMLA), was not maintainable.

A bench headed by Justice Suresh Kumar Kait granted the ED two weeks to file its reply on this aspect.

Latest summons

Kejriwal moved the court in the wake of the latest summons, the ninth issued by the ED, asking him to appear before it on March 21 for questioning under the provisions of PMLA.

Senior advocate AM Singhvi, appearing for Kejriwal, said the petition raises several issues, including whether a political party is covered by the anti-money laundering law.

The court also asked the AAP leader why he was not appearing pursuant to the summons to him.

The senior lawyer for the petitioner said protection from coercive action is required in the matter because of the agency's "clear intent" to apprehend him when elections are around the corner.

Kejriwal has repeatedly refused to appear in response to these summonses, calling them illegal.

Delhi excise policy case

The case pertains to alleged corruption in formulating and executing the city government's excise policy for 2021-22, which was later scrapped.

Following a recommendation by Lt Governor V K Saxena, the CBI registered an FIR over alleged corruption which subsequently resulted in the money laundering probe.

The agencies have claimed that irregularities were committed while modifying the excise policy and undue favours were extended to licence holders.

Bail from court

Last week, the Delhi Chief Minister was granted bail by the city's Rouse Avenue court in a case filed by the ED for failing to respond to summons. Kejriwal physically appeared before the court during the hearing.

The Enforcement Directorate seeks to record the AAP chief's statement regarding money laundering linked to excise policy case.

In its sixth charge sheet filed on December 2, 2023, naming AAP leader Sanjay Singh and his aide Sarvesh Mishra, the ED alleged that the AAP utilized kickbacks worth ₹45 crore generated via the policy as part of its assembly elections campaign in Goa in 2022. Singh and former Delhi deputy chief minister Manish Sisodia were arrested by the ED and are presently in judicial custody.

ED's claim

Kejriwal's name has been cited numerous times in the charge sheets filed by the ED. The central probe agency alleges that the accused were in communication with Kejriwal regarding the formulation of the excise policy, which resulted in undue benefits for them. In return, they purportedly paid kickbacks to the Aam Aadmi Party.

A Delhi court had on Saturday granted bail to Kejriwal on two complaints filed by the ED against him for skipping six of the previous eight summonses in the money-laundering case.

The matter would be heard next on April 22.

(With agency inputs)