Delhi HC Issues Notice to Kejriwal on ED’s Plea Against Acquittal

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Delhi HC issues notice to Arvind Kejriwal regarding ED case

The Delhi High Court issued a fresh notice to AAP chief Arvind Kejriwal on Wednesday regarding the Enforcement Directorate’s (ED) plea challenging his acquittal in two cases related to the excise policy. The court’s intervention signals continued legal scrutiny over Kejriwal’s alleged dodging of summonses concerning an investigation into money laundering.

Justice Swarana Kanta Sharma took note of the registry’s report indicating that the prior notice to Kejriwal had not been served. The ED’s counsel clarified that a notice had been issued to Kejriwal on April 1, but no representative appeared on his behalf.

“The registry reports that he is not served. I will issue a fresh notice. The respondent has not been served,” Justice Sharma remarked, scheduling the next hearing for July 22.

The cases arose from the ED’s allegations against Kejriwal for his failure to appear before the agency despite receiving multiple summonses. The investigating agency accused him of intentionally disobeying the summons, claiming he raised frivolous objections to avoid cooperating with the investigation.

Previously, the ED contended in the High Court that the trial court made a significant error by acquitting Kejriwal, asserting there was a clear lack of dispute regarding the issuance and receipt of the summons.

During the earlier hearings, the trial court observed on January 22 that the ED failed to demonstrate that Kejriwal intentionally disobeyed the summonses. It stated, “Neither the service of summons through emails has been proved by the ED nor has the process of issuing summons under Section 50(2) of the Prevention of Money Laundering Act (PMLA) via email been established as lawful.”

The ED has further alleged that other accused in the case maintained contact with Kejriwal, allegedly collaborating on the now-abrogated excise policy, which purportedly resulted in undue advantages and kickbacks for the Aam Aadmi Party.

Currently, Kejriwal is on interim bail concerning the money laundering case. This development comes as the Supreme Court has referred questions about the need and necessity of arrest under the PMLA to a larger bench for thorough consideration.

Earlier, on February 27, the trial court had discharged Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others from the liquor policy case. The court concluded that the CBI’s case lacked substantial evidence to withstand judicial scrutiny, effectively discrediting the claims.

A plea by the CBI contesting this discharge remains pending in the High Court.

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