A Delhi court ruled on Wednesday that Delhi Chief Minister Arvind Kejriwal was legally obligated to appear before the Enforcement Directorate (ED) in response to summons issued by the agency regarding the Delhi excise policy case.
Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra of Rouse Avenue Courts stated that the officer who issued the summons to Kejriwal was authorized to do so under Section 50(2) of the Prevention of Money Laundering Act (PMLA).
“The summonses were sent to the respondent/proposed accused at his official e-mail address. It is prima facie evident from the fact that the proposed accused responded to them via letters dated 02.11.2023, 20.12.2023, and 03.01.2024, providing reasons for non-appearance. Pursuant to Section 50(3) of the Act, the respondent was legally bound to attend in person, but purportedly failed to do so,” noted the Court.
Judge Malhotra subsequently issued summons to Kejriwal in the ED’s case and directed him to appear in court on February 17.
The case pertains to ED’s complaint against the Delhi Chief Minister for failing to comply with five summons issued by the agency in connection with the probe into the alleged Delhi liquor policy scam.
After considering the arguments, the Court stated that ED’s complaint and supporting documents disclosed all necessary elements constituting an offense punishable under Section 174 of the Indian Penal Code (IPC).
“In conclusion, based on the contents of the complaint and the material on record, a prima facie offense under Section 174 of the IPC is established, warranting proceedings under Section 204 of the Code of Criminal Procedure, 1973 against accused Mr. Arvind Kejriwal,” the Court concluded.
Consequently, the Court issued summons to Kejriwal and directed him to appear on February 17.
The ED was represented by Additional Solicitor General (ASG) SV Raju, Special Counsel Zoheb Hossain, Special Public Prosecutor (SPP) Simon Benjamin, and advocates Kartik Sabharwal and Lavanya.
The ED’s investigation into money laundering allegations stemmed from a case registered by the Central Bureau of Investigation (CBI) on August 17, 2022, regarding alleged irregularities in the Delhi Excise Policy for 2021-22.
The CBI case was filed based on a complaint from Lieutenant Governor VK Saxena on July 20, 2022. Subsequently, the ED registered a case on the money laundering aspect against the accused on August 22, 2022.
It is alleged that AAP leaders, including former Deputy Chief Minister Sisodia, and unidentified private individuals/entities conspired during the policy’s formulation to favor certain licensees and conspirators post the tender process, through intentionally created loopholes.
According to central agencies, kickbacks were allegedly paid through hawala channels by individuals in the liquor business from South India to AAP public servants to achieve monopoly and cartelization objectives among liquor manufacturers, wholesalers, and retailers.
