Delhi chief minister Arvind Kejriwal has moved a Delhi sessions court against the summons issued to him by the additional chief metropolitan magistrate, barely a few days before he is to make a physical appearance before the magisterial court over a complaint of non-compliance filed against him by the Enforcement Directorate (ED).
Special judge Rakesh Syal of Delhi’s Rouse Avenue Court is expected hear the arguments on the application today. Kejriwal was directed to appear before the magistrate on March 16.
ED had approached the magistrate court on February 3 and March 6 with a complaint seeking initiation of proceedings against Kejriwal under Section 174 of the Indian Penal Code (IPC) for not appearing before investigators despite repeated summons issued to him under the Prevention of Money Laundering Act (PMLA) in connection with the Delhi excise policy case.
As per Section 174 of the IPC, a person not appearing despite summons issued by a public servant shall be punished with imprisonment up to one month and a fine of ₹500.
The federal investigating agency has so far issued eight summons to Kejriwal — March 4, February 26, February 19, February 2, January 18, January 3, and December 22 and November 2 last year — asking him to join the investigation into an alleged money laundering case related to the Delhi liquor excise policy case.
Additional chief metropolitan magistrate (ACMM) Divya Malhotra had on the first complaint, which was filed after he skipped five summons, directed him to appear physically before the court on February 17. However, the Delhi CM appeared via video conference and submitted that he could not physically present himself due to the then ongoing Delhi budget session and the confidence motion in the House.
On his request, Malhotra granted Kejriwal exemption from personal physical appearance on the day and listed the matter for hearing on March 16. In the meantime, the ED approached the court with a second complaint after he skipped three more summons.
Malhotra took cognizance of the second complaint and directed Kejriwal to appear before the court in person on March 16.
The ED, in its complaint, submitted that Kejriwal has no legal right to know whether he is being summoned as a witness or an accused in the Delhi liquor excise policy case and blamed him for intentionally defying ED’s summons and raising “frivolous” objections.
The agency added that Kejriwal was summoned to unearth the role of several people, including himself, who were involved in the alleged excise policy scam, and to trace the proceeds of the alleged crime.
The federal agency is probing the alleged corruption in the Delhi excise policy 2021-22 and has already apprehended two senior members of the Aam Aadmi Party – Manish Sisodia and Sanjay Singh – and filed six charge sheets in the matter.
Though Kejriwal has been mentioned in the ED charge sheets, he has not been named as an accused either by ED or the Central Bureau of Investigation, which is conducting a parallel probe into the matter.
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