The Delhi High Court issued a fresh notice to Aam Aadmi Party (AAP) chief Arvind Kejriwal on October 25, 2023, regarding the Enforcement Directorate’s (ED) plea challenging his acquittal in two cases related to non-compliance with summonses linked to the controversial excise policy. The court noted that a previous notice had not been served to Kejriwal, prompting the reissuance.
Justice Swarana Kanta Sharma presided over the proceedings and confirmed, according to registry records, that the former chief minister had not received the earlier notice. The ED’s counsel stated that the previous notice had been issued on April 1, yet no representative appeared on Kejriwal’s behalf.
“The registry reports that he is not served. I will issue fresh notice. Respondent has not been served,” the judge remarked, rescheduling the matter for hearing on July 22, 2023. This reissuance follows the ED’s assertion that Kejriwal deliberately ignored summonses issued by the agency.
The ED’s complaint to the trial court alleged that Kejriwal made frivolous objections to evade participation in the investigation. The agency maintained that his actions obstructed the judicial process. In their earlier arguments, the ED criticized the trial court for its decision to acquit Kejriwal, claiming it committed a grave error despite the fact that summonses were issued and received.
On January 22, the trial court ruled in favor of Kejriwal, stating that the ED failed to establish that he intentionally disobeyed lawful summonses. The judgment highlighted that “Neither the service of summons through emails has been proved by the ED nor the process of issuing summons to any person under Section 50(2) of the Prevention of Money Laundering Act (PMLA) via email has been established as lawful.”
The allegations against Kejriwal suggest coordination with other accused parties in shaping the now-scrapped excise policy, which allegedly facilitated undue advantages to them and resulted in kickbacks to the AAP.
Currently, Kejriwal enjoys interim bail in the money laundering case. The Supreme Court has referred matters regarding the necessity and appropriateness of arrest under the PMLA to a larger bench for deeper consideration. The trial court had earlier discharged Kejriwal, former Deputy Chief Minister Manish Sisodia, and 21 others in the liquor policy investigation, declaring that the CBI’s case lacked judicial merit and was discredited.
As the political landscape continues to evolve, the implications of the High Court’s decision will be closely monitored, particularly given the pending plea filed by the CBI against the discharge in the High Court. This case continues to attract attention amid ongoing debates about the conduct of political leaders under scrutiny.
