Gave reply to every notice issued by ED, says Kejriwal while challenging summons issued by magistrate court
Mar 14, 2024
New Delhi [India], March 14 : Delhi Chief Minister Arvind Kejriwal said on Thursday that he has replied to each and every notice issued by the Enforcement Directorate, but despite coming to know of the reasons for non-appearance in person provided by him, the Enforcement Directorate continued issuing cyclostyle notices under Section 50 PMLA.
Kejriwal on Thursday moved the Sessions Court to challenge summons issued to him by the Additional Chief Metropolitan Magistrate on ED complaints for not complying with the summons issued by the central probe agency in the Delhi liquor policy money laundering case.
Kejriwal, while challenging the summons in sessions court, further submitted that there was no intentional disobedience on his part, and he always explained the reason, which till date has not been controverted or found false by the department.
Kejriwal, through his plea, sought the direction of the Sessions Court to stay proceedings adjudicated before an additional Chief Metropolitan Magistrate.
Special Judge Rakesh Syal heard the matter at length from both sides and listed the matter for Friday for further arguments in the matter. Kejriwal, through revision petitions, has challenged both the summons issued to him by the Magistrate Court.
Senior Advocate Ramesh Gupta, along with Mudit Jain, Mohd Irshad, and Samprikta Ghosal, appeared for CM Arvind Kejriwal in the matter, while Additional Solicitor General SV Raju and Special Counsel Zoheb Hossain appeared for the Enforcement Directorate in the matter. Advocate Simon Benjamin also appeared before the ED in the matter.
ED opposed the Delhi CM's plea seeking interim relief in the case and said Kejriwal earlier appeared through video conferencing on February 17 and said that he will appear on March 16. He suppressed these facts and did not annexe that order in his plea. After a month, he comes here and asks for an exemption. This is dishonest conduct on its face. Therefore, he is not entitled to interim relief.
Last week, the Additional Chief Metropolitan Magistrate took cognizance of the Enforcement Directorate's second complaint and issued a fresh summons to Delhi Chief Minister Arvind Kejriwal for his personal appearance before the court on March 16, 2024.
ED recently moved the court with a second complaint for allegedly not complying with the summons in the alleged Delhi liquor policy money laundering case.
The Enforcement Directorate has moved that a second complaint has been filed against Arvind Kejriwal under Section 190 (1)(a) CrPC r/w section 200 CrPC 1973 r/w section 174 IPC, 1860 r/w section 63 (4) of PMLA, 2002, for non-attendance in compliance with Section 50, PMLA, 2002.
Earlier too, the ED filed a complaint against Arvind Kejriwal in which the court issued a summons to him in the matter.
Following the summons order, Delhi Chief Minister Arvind Kejriwal appeared virtually before the court on the ED's complaint against him for allegedly non-compliance with the summons order.
Arvind Kejriwal, while appearing, virtually informed the court that he wanted to join the court proceedings physically, but due to the confidence motion and budget sessions, he couldn't come physically before the court.
In the first ED's complaint, Rouse Avenue Court on February 7, 2024, took cognizance of the Enforcement Directorate's recent complaint filed against Delhi Chief Minister Arvind Kejriwal for not complying with the summons issued by the central probe agency in the Delhi liquor policy money laundering case.
According to the ED, the agency wants to record Kejriwal's statement in the case on issues like the formulation of policy, meetings held before it was finalised, and allegations of bribery.
In its sixth charge sheet filed in the case on December 2, 2023, naming AAP leader Sanjay Singh and his aide Sarvesh Mishra, the ED has claimed that the AAP used kickbacks worth Rs 45 crore generated via the policy as part of its assembly elections campaign in Goa in 2022.
The excise policy was aimed at revitalising the city's flagging liquor business and replacing a sales-volume-based regime with a licence fee for traders. It promised swankier stores and a better buying experience. The policy introduced discounts and offers on the purchase of liquor for the first time in Delhi.
Lieutenant Governor Vinai Kumar Saxena's move to order a probe into alleged irregularities in the regime prompted the scrapping of the policy. The AAP has accused Saxena's predecessor, Anil Baijal, of sabotaging the move with a few last-minute changes that resulted in lower-than-expected revenues.
Two senior AAP leaders, Manish Sisodia and Sanjay Singh, are already under judicial custody in the case.
Sisodia, who was the then Delhi Deputy Chief Minister, was arrested by the CBI on February 26 following several rounds of questioning. On October 5, the ED arrested Sanjay Singh, who is a Rajya Sabha member.