Excise policy case: Delhi HC gives ED six weeks to respond to Arvind Kejriwal's plea against summons

New Delhi, July 9 (IANS) The Delhi High Court on Wednesday gave the Enforcement Directorate six weeks to respond to a plea filed by former Delhi CM Arvind Kejriwal challenging the summons issued to him by the trial court in connection with the Delhi liquor policy case.

Issuing notice, a single-judge Bench of Ravinder Dudeja asked the federal anti-money laundering agency to file its response, including its submissions on the maintainability of pleas filed by the Aam Aadmi Party (AAP) chief.

The Justice Dudeja-led Bench ordered the matter to be listed for further hearing on September 10.

During the hearing, the ED's counsel objected to the maintainability of the latest petitions filed by Kejriwal, contending that he cannot be allowed to file a subsequent petition once he had already filed a plea challenging the maintainability of the ED's complaints over non-compliance with summons.

Earlier, Kejriwal had moved the Delhi High Court, challenging the maintainability of complaints filed by the ED over non-compliance with summons issued to him in the money laundering case linked to the liquor policy "scam".

Kejriwal had contended that when summons were issued by one ED officer of Assistant Director rank, a complaint before a magisterial court could not have been filed by another ED officer of the same rank in view of Section 195 CrPC.

Before his arrest on March 21, 2024, the ED moved a magisterial court, filing two complaints over non-compliance with its summons under the Prevention of Money Laundering Act (PMLA).

It had said that if a high-ranking public functionary like him disobeyed the law, it would set a wrong example for the common man.

The ED's complaint added that then CM Kejriwal intentionally did not want to obey the summons and gave "lame excuses".

In response to the ED's complaint, the Additional Chief Metropolitan Magistrate (ACMM) of the Rouse Avenue Court issued a summons to Kejriwal.

Challenging the order, the AAP chief moved the sessions court against the two above-mentioned complaints filed by the ED. However, the sessions court on March 15 last year refused to grant a stay on the summons issued to Kejriwal by the ACMM.

Left with no immediate legal remedy, Kejriwal had applied for bail and was granted relief on a bail bond of Rs 50,000 and a surety of Rs 50,000.

In his latest plea filed before the Delhi High Court, Kejriwal has challenged the sessions court's decision rejecting his plea against the summons issued on the ED's complaint.

Kejriwal was released on interim bail by the Supreme Court in the ED case, while referring his plea to a larger Bench against his arrest and subsequent remand by the ED in the liquor policy case for an authoritative pronouncement on the questions of law involved.

--IANS

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