“Kejriwal may skip ED’s 9th summons, seeks HC protection.”
Delhi Chief Minister Arvind Kejriwal is expected to disregard the Enforcement Directorate’s ninth summons regarding the now-cancelled excise policy case, according to sources from the Aam Aadmi Party (AAP).
In response to the Enforcement Directorate’s ninth summons in connection with the now-defunct excise policy case, Delhi Chief Minister Arvind Kejriwal has submitted a fresh plea to the Delhi High Court. The plea seeks an order directing the ED to abstain from taking “coercive action” against him in relation to the summonses issued.
Atishi, Delhi Minister and AAP leader, confirmed Kejriwal’s move to approach the high court for protection against any coercive measures by the ED. She stated, “At present, CM is willing to participate in the ED investigation and extend full cooperation to the agency.” However, she expressed concerns regarding the ED’s motives, suggesting a political agenda at play, particularly aligning with the BJP’s interests.
Expressing further skepticism, Atishi emphasized, “If the ED genuinely seeks an investigation, they should assure in court that they will not arrest Arvind Kejriwal.” She pointed out that the ED’s purported intention seems to be solely focused on arresting the Chief Minister.
Last week, the Enforcement Directorate issued its ninth summons to Kejriwal regarding the excise policy case, instructing him to appear before the agency on Thursday. This development has led to heightened tensions between the AAP and the central investigative agency, with the AAP accusing the ED of pursuing a political agenda rather than conducting a fair investigation.
The move to approach the Delhi High Court reflects Kejriwal’s and the AAP’s efforts to seek legal protection against what they perceive as potential arbitrary actions by the Enforcement Directorate. The outcome of this legal battle will likely have significant implications on the ongoing investigation and the political landscape in Delhi.
CM Kejriwal, scheduled to appear before ED, seeks court protection, citing fear of arrest, and won’t attend without safeguards.
The court had sought ED’s response on the maintainability of CM Kejriwal’s plea challenging the agency’s nine summonses. The matter was scheduled for hearing on April 22.
During the hearing, Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, emphasized that his client was not evading appearance but sought protection and a “no coercive steps” order. He argued that the plea raised questions about whether a political party falls under the Prevention of Money Laundering Act (PMLA), which lacks a clear definition for the term.
In response, Singhvi highlighted that traditionally, the ED does not immediately resort to arrests, allowing individuals to present their case. However, he pointed out the urgency and seriousness of Kejriwal’s request for protection, citing the arrests of fellow AAP leaders, Manish Sisodia and Sanjay Singh.
Kejriwal’s plea challenges Section (2) (s) of the PMLA, arguing it is unconstitutional and arbitrary to include a political party under its scope. The plea contends that the ED’s assumption that a political party falls under the category of “artificial juridical person” in Section 2(1)(s) is illegal and unsustainable.
Additional Chief Metropolitan Magistrate Divya Malhotra of Rouse Avenue Court granted bail on a bond of Rs 15,000 and a surety of Rs 1 lakh.
The ED’s investigation into the Delhi excise policy scam case revealed that BRS leader K. Kavitha conspired with top AAP leaders, including Kejriwal and then-deputy Manish Sisodia, for favors.
By acts of corruption and conspiracy in the formulation and implementation of Delhi Excise Policy 2021-22, illegal funds, in the form of kickbacks from wholesalers, were generated for the AAP.”
The ED’s investigation extended to 245 locations across India, leading to the arrest of 15 individuals, including AAP members Manish Sisodia, Sanjay Singh, and Vijay Nair, in connection with the case.