Excise policy case: Delhi HC asks ED to respond to Kejriwal’s plea challenging trial court order

The Delhi High Court on Wednesday, 9 July, sought the Enforcement Directorate's response on a plea by AAP convenor Arvind Kejriwal challenging a sessions court order upholding the summons issued to him in a money laundering case related to the alleged excise policy scam in the capital.

Justice Ravinder Dudeja issued notice to the Enforcement Directorate (ED) on the petition and asked it to file the counter affidavit within six weeks.

At the outset, the ED's counsel raised a preliminary objection over the maintainability of the petition and contended that this petition was in the form of second revision petition filed under the garb of a Section 482 (inherent power of high court) CrPC petition, which was not permissible.

The high court asked the ED's counsel to mention all his objections, including preliminary objection, in his reply and listed the matter for hearing on 10 September.

Kejriwal has challenged a special court order dated 17 September 2024, by which his revision petition against a 7 March 2024, order of a magisterial court summoning him was dismissed.

Besides, he has challenged a sessions court order dated 20 December, 2024, which upheld an 24 October order of a magisterial court refusing to transfer his case to another court.

The high court also issued notice on the second petition and asked the ED to file its response within six weeks. The court listed the matter for 10 September.

The ED said the special court order has been challenged after almost 10 months.

On 20 June 2024, Kejriwal was granted bail by a trial court in the money laundering case but it was later stayed by the high court on the ED's plea.

On 12 July 2024, the Supreme Court granted interim bail to Kejriwal while referring to a larger bench three questions on the aspect of "need and necessity of arrest" under the Prevention of Money Laundering Act.

The ED's money laundering case stems from an FIR lodged by the Central Bureau of Investigation (CBI) after Delhi lieutenant governor V.K. Saxena recommended a probe into the alleged irregularities in the implementation of the 2021-22 Delhi excise policy.

According to the ED and the CBI, irregularities were allegedly committed while modifying the excise policy and undue favours were extended to the licence holders.

The Delhi government implemented the policy on 17 November 2021, and scrapped it by the end of September 2022, amid allegations of corruption.