[Excise Policy Case] Delhi Court Grants Exemption From Appearing Physically to Arvind Kejriwal in PMLA Case

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Synopsis

The Enforcement Directorate (ED) moved a Delhi court against Chief Minister Arvind Kejriwal for failing to comply with the agency's summons related to the Delhi excise policy case

A Delhi court on Saturday granted Chief Minister Arvind Kejriwal exemption from personal appearance for the day in connection with a complaint lodged by the Enforcement Directorate (ED) against him for alleged non-compliance with summons in a money laundering case linked to the excise policy scam.

Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra of Rouse Avenue Court extended relief to Kejriwal after he appeared before the court via video conferencing and sought exemption from physical presence for the day.

Kejriwal's counsel submitted an application stating that the ongoing Budget Session of the Delhi Legislative Assembly necessitated his active participation as the Chief Minister of the Government of National Capital Territory (GNCT) of Delhi and the Leader of the House.

Senior Advocate Ramesh Gupta, representing Kejriwal, assured the court that the Chief Minister would appear in person on the next scheduled hearing date.

The ED did not oppose the exemption application.

"In view thereof and for the reasons stated in the application, the same is allowed. At request, put up for appearance/court bail/further proceedings on March 16, 2024," the judge ordered.

The ED's complaint alleges that Kejriwal deliberately evaded summonses, offering "lame excuses," setting a negative precedent for the common populace.

The court had earlier noted prima facie violations under Section 174 of the Indian Penal Code (IPC) and issued summons to Kejriwal for February 17, 2024, related to non-attendance in obedience to an order from a public servant.

The ED lodged a fresh complaint against Kejriwal for non-compliance with summonses on February 3. The AAP leader has denounced the summons as "illegal and politically motivated," claiming they aim to impede his electoral campaign.

The agency has issued six summonses to Kejriwal, with the most recent dated February 14, summoning him to appear before the central agency on February 19.

The CBI case, initiated on a complaint by Lieutenant Governor VK Saxena, led to the ED registering a money laundering case against the accused persons. The allegations include a criminal conspiracy by AAP leaders, intentional loopholes in the policy, and kickbacks through hawala channels to achieve monopoly and cartelization among liquor manufacturers, wholesalers, and retailers.

Case Title: Directorate of Enforcement v. Arvind Kejriwal