Delhi HC issues fresh notice to Arvind Kejriwal on ED plea against acquittal

The Delhi High Court on 29 April issued a fresh notice to Arvind Kejriwal on petitions filed by the Enforcement Directorate challenging his acquittal in two cases linked to alleged non-compliance with summonses issued in the excise policy matter.

Justice Swarana Kanta Sharma noted that earlier notices issued to the former Delhi chief minister had not been served.

Appearing for the ED, counsel informed the court that notice had been issued to Kejriwal on 1 April but nobody had entered appearance on his behalf.

“Registry reports that (he is) not served. I will issue fresh notice. Respondent has not been served,” the judge said.

The court posted the matter for further hearing on 22 July.

ED challenges acquittal

The cases arise from complaints filed by the ED alleging that Kejriwal deliberately ignored multiple summonses issued to him during the probe into the now-scrapped Delhi excise policy.

The agency had accused him of intentionally disobeying lawful directions and creating “frivolous objections” to avoid joining the investigation.

Before the high court, the ED argued that the trial court committed a “grave error” in acquitting Kejriwal despite there being no dispute that summonses were issued and received.

Trial court ruling

In orders passed on 22 January, the trial court acquitted Kejriwal, holding that the ED failed to establish deliberate non-compliance.

The court had observed that the agency could not properly prove service of summons through email or establish that such summonses under Section 50(2) of the Prevention of Money Laundering Act complied with legal procedure.

ED allegations in excise policy case

The ED has alleged that Kejriwal was in touch with other accused persons during formulation of the excise policy and that the policy led to undue benefits for certain entities and kickbacks for the Aam Aadmi Party.

Kejriwal is currently on interim bail in the money laundering case.

The Supreme Court of India has referred broader questions relating to the “need and necessity of arrest” under the PMLA to a larger bench.

On 27 February, the trial court discharged Kejriwal, former deputy chief minister Manish Sisodia and 21 others in the connected CBI case linked to the liquor policy.

The court had held that the case failed to survive judicial scrutiny.

The Central Bureau of Investigation challenge against the discharge remains pending before the Delhi High Court.