"Only for publicity": Arvind Kejriwal on ED seeking his personal appearance in court in Excise Policy case

Delhi Chief Minister (CM) and Aam Aadmi Party (AAP) leader Arvind Kejriwal on Thursday told a sessions court that the Enforcement Directorate was seeking his personal appearance before a Magistrate court in connection with the ongoing Delhi Excise Policy scam, only for publicity. .Kejriwal's lawyer, Senior Advocate Ramesh Gupta, submitted that the Delhi CM's personal appearance before Magistrate will not serve any purpose and ED was doing it only for publicity. ."I am only saying I be exempted. What do they gain by making me come here? Is it only for the publicity," asked Gupta."Stop playing to the gallery. we are not doing anything for publicity," Additional Solicitor General (ASG) SV Raju, who was representing ED, retorted..Special Judge (PC) Act Rakesh Syal was hearing a petition by the Delhi CM challenging the summons issued to him by a Magistrate Court in the complaint case filed by the Enforcement Directorate (ED) for failing to appear before the agency for questioning in connection with the Delhi excise policy case..Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra had earlier issued summons to Kejriwal in two separate complaint cases filed by the ED. While the first summon was issued to him on February 7, the summons on the second complaint was issued to March 7. Both the matters are slated to be considered by the ACMM on March 16.The ED filed the complaint cases against Kejriwal after he repeatedly failed to join the investigation in the excise policy case despite issuance of summons to him under the provisions of Prevention of Money Laundering Act (PMLA)Notably, on February 17, the Aam Aadmi Party (AAP) national convenor had joined the proceedings through virtual conference and stated that he will appear before the court in person on March 16. .However, just two days before the hearing, Kejriwal chose to file the present pleas challenging both the orders of ACMM by which summons were issued to him on the complaints moved by ED. Kejriwal's counsel Ramesh Gupta told the Sessions Court today that he is only seeking exemption from personal appearance in court and his counsel is ready to appear."I am saying only exempt me from appearing. This is a summoning trial case maximum punishment is one month or fine or both," Gupta said.He also pointed out that complaint case was filed by the investigating officer in his personal capacity and not the ED.Gupta pointed out that the ED officer who summoned Kejriwal and the one who filed the complaint case in the court are different."Only two persons can file the complaint case. Only the investigating officer or his superior, not any superior officer. So this complaint is barred by Section 195," Gupta contended. ASG Raju said that Kejriwal had given an assurance to the magistrate court that he will appear before it on March 16 and the same was being concealed before the Sessions Court."Kindly look at February 17 order. They did not annex it. It is being produced now. Look at this order. He (Kejriwal) appeared through VC and gave an oral assurance that he will appear in person on March 16. This was a personal appearance through VC. He said he will appear on March 16 at 10 AM. Now a month later he comes and asks for exemption. He has suppressed this order. This is dishonest conduct on the face of it. Therefore, he is not entitled to interim relief," the ASG argued. Regarding the summons being issued by different officers of ED, he said,"Kindly look at Section 195. It uses the phrase "public servant concerned", not the one who issued summons. They (the person who issues summons to Kejriwal and the one who filed the complaint case in court) are simultaneous IOs," the ASG said.The ASG also said the provisions governing filing of complaint cases have to be viewed practically. "If there is an Investigating Officer today and he dies tomorrow, does that mean no complaint case can be filed? Suppose one public servant retires or goes on holiday. What then," the ASG demanded.He also questioned the bonafides behind moving the Court at the eleventh hour."Today on a hyper technical ground, stay on proceedings is being asked at the last moment. The entire modus operandi was to move this court at the last moment, put pressure on court," ASG submitted.Gupta eventually said that he would give up his plea for exemption from personal appearance and would confine his prayer to seeking stay on proceedings. The hearing will continue tomorrow. .Senior AAP leaders like Manish Sisodia and Sanjay Singh are already in custody in the same case. AAP has been alleging that the ED wants to arrest Kejriwal before the upcoming Lok Sabha elections..The ED’s money laundering probe 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..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.