Kejriwal challenges ED’s criminal complaints in HC over Delhi excise policy case

Arvind Kejriwal has approached the Delhi High Court, contesting the validity of the Enforcement Directorate’s (ED) criminal complaints against him over his alleged non-compliance with summons in the ongoing Delhi excise policy investigation.

| Updated: 12 November, 2024 1:06 pm IST
Arvind Kejriwal has approached the Delhi High Court, contesting the validity of the Enforcement Directorate’s (ED) criminal complaints against him over his alleged non-compliance with summons in the ongoing Delhi excise policy investigation.

NEW DELHI: Former Delhi Chief Minister Arvind Kejriwal has approached the Delhi High Court, contesting the validity of the Enforcement Directorate’s (ED) criminal complaints against him over his alleged non-compliance with summons in the ongoing Delhi excise policy investigation. Kejriwal’s legal team, led by Senior Advocate Rebecca M. John, argues that procedural flaws undermine the ED’s complaint, claiming it was filed by an official other than the one who initially issued the summons under the Prevention of Money Laundering Act (PMLA).

 

During the hearing, Justice Manoj Kumar Ohri directed the ED’s counsel to respond to Kejriwal’s petition, scheduling the next session for December 19. However, the court declined Kejriwal’s request to stay the trial proceedings at this stage.

 

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Kejriwal’s legal team argued that under the PMLA, only the officer who issued the summons is authorized to file the related complaints. Advocate Zoheb Hossain, representing the ED, contested the maintainability of Kejriwal’s plea, defending the agency’s actions.

 

The case revolves around alleged irregularities in the now-scrapped Delhi excise policy of 2021-22. The Enforcement Directorate and the Central Bureau of Investigation (CBI) accuse Aam Aadmi Party (AAP) leaders, including Kejriwal, of manipulating policy provisions to benefit liquor lobbies in exchange for kickbacks. Investigators claim that these funds were used to support AAP’s election campaign in Goa.

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Kejriwal was first arrested by the ED in March and subsequently by the CBI in June. His legal team referred to the CBI arrest as an “insurance arrest,” suggesting it was meant to prevent his release if he secured bail in the ED case. The Supreme Court granted him interim bail in July, followed by bail in the CBI case in September, ultimately leading to his release. Following his release, Kejriwal resigned as Delhi’s Chief Minister, and his party is now preparing for the upcoming Assembly elections.

 

Kejriwal’s petition challenges the ED’s complaint on procedural grounds, and the high court’s decision on this issue could have implications for similar cases handled by the agency. The next court session on December 19 will determine how Kejriwal’s challenge impacts the ongoing investigation.

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