[Delhi Excise Policy case] Arvind Kejriwal was legally bound to comply with ED summons: Delhi court

A Delhi court on Wednesday said that Delhi Chief Minister Arvind Kejriwal was legally bound to present himself before the Enforcement Directorate (ED) pursuant to the summons issued by the investigating agency in connection with the Delhi excise policy case..Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra of Rouse Avenue Courts said that the officer who issued summons to Kejriwal was authorised to do so as per Section 50(2) of the Prevention of Money Laundering Act (PMLA). “The summonses have been addressed to the respondent/proposed accused at his official e-mail address. The delivery of such summons is prima facie evidenced from the fact that the proposed accused sent replies to them vide letters/replies dated 02.11.2023; 20.12.2023 and 03.01.2024 respectively wherein inter alia reasons for non-appearance were set out. By virtue of Section 50(3) of the Act, the respondent of the summonses i.e. the proposed accused was legally bound to attend in person in pursuance of the same but purportedly he failed to do so,” the Court noted.Judge Malhotra, therefore, issued summons to Kejriwal in ED's case and ordered him to be present in court on February 17..The Court was dealing with a case filed by ED against the Delhi Chief Minister for skipping five summons issued by the agency.Kejriwal had been summoned by the ED five times on different dates in connection with the probe into the alleged Delhi liquor policy scam..The Court considered the arguments and said that ED’s complaint and the supporting documents disclosed all the necessary ingredients constituting offence punishable under Section 174 (not obeying a legal order to attend at a certain place in person or by agent, or departing therefor without authority) of the Indian Penal Code (IPC).“To sum up, from the contents of the complaint and the material placed on record, prima facie offence under Section 174 of the Indian Penal Code is made out and there are sufficient grounds for proceeding under Section 204 of the Code of Criminal Procedure, 1973 against accused Mr. Arvind Kejriwal,” the Court concluded.It, therefore, issued summons to Kejriwal and ordered him to remain present in the Court on February 17.“Accordingly, issue summons to accused Mr. Arvind Kejriwal for the offence under Section 174 of the Indian Penal Code for 17.02.2024.”ED was represented through Additional Solicitor General (ASG) SV Raju, Special Counsel Zoheb Hossain, Special Public Prosecutor (SPP) Simon Benjamin as well as advocates Kartik Sabharwal and Lavanya..The ED’s probe into money laundering contentions stems from a case registered by the Central Bureau of Investigation (CBI) on August 17, 2022 in connection with alleged irregularities in the Delhi Excise Policy for 2021-22. The CBI case was registered on a complaint made by Lieutenant Governor VK Saxena on July 20, 2022. The ED subsequently registered a case on the money laundering angle against the accused persons on August 22, 2022.It has been alleged that a criminal conspiracy was hatched by AAP leaders, including former Deputy Chief Minister Sisodia and other unidentified and unnamed private persons/entities during the stage of the policy’s formulation.The conspiracy, it has been alleged, stemmed from some of the loopholes “intentionally” left or created in the policy. These were allegedly meant to favour some licensees and conspirators post the tender process.Kickbacks are alleged to have been paid through hawala channels by a few persons in the liquor business from South India to some public servants of the AAP to achieve the objectives of “monopoly and cartelisation” among liquor manufacturers, wholesalers and retailers, according to the central agencies..[Read Order]