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Synopsis

The Enforcement Directorate (ED) recently lodged a fresh complaint against Chief Minister Arvind Kejriwal, alleging his non-compliance with summonses linked to the Delhi excise policy case. This move marks a continuation of the legal battle between the Delhi Chief Minister and the investigative agency. The ED approached the court, highlighting what it perceives as Kejriwal's repeated disregard for summonses, which the agency views as obstructing its investigation into the excise policy matter.

This complaint was filed under sections 190 and 200 of the Criminal Procedure Code, 1973 (CrPC). Previously, the Court had directed Kejriwal to appear in person regarding the summons. However, citing his obligations in the ongoing Budget Session of the Delhi Legislative Assembly, Kejriwal sought exemption from personal appearance and proposed participating via video-conferencing instead.

The ED's complaint alleges deliberate evasion of summonses by Kejriwal, who the agency accuses of offering "lame excuses" for his non-attendance. The Court, upon reviewing the complaint, noted prima facie violations under Section 174 of the Indian Penal Code, 1860 (IPC), raising concerns about Kejriwal's failure to comply with orders from a public servant. The agency emphasized that regardless of one's status, compliance with summonses issued by investigative authorities is obligatory. Furthermore, the ED clarified that Kejriwal was summoned not in his capacity as Chief Minister but as an individual required to provide evidence pertinent to the investigation.

Kejriwal expressed willingness to respond to the agency's questions, requesting a date after March 12 for his convenience and offering to participate via video-conferencing.

Case Title: Enforcement Directorate v Arvind Kejriwal