NEW DELHI, Apr 29: The Delhi High Court on Wednesday issued a fresh notice to AAP chief Arvind Kejriwal on pleas by the ED challenging his acquittal in two separate cases lodged against him for not appearing before the agency despite summonses issued in the excise policy case.
Justice Swarana Kanta Sharma noted that according to the registry, the earlier notice issued to the former chief minister had not been served.
The investigating agency’s counsel said notice was issued to Kejriwal on April 1 but no one has entered an appearance on his behalf.
“Registry reports that (he is) not served. I will issue fresh notice. Respondent has not been served,” the judge said, and listed the matter for hearing on July 22.
The cases stem from the ED’s complaint to the trial court that the then chief minister intentionally disobeyed the summonses issued to him by not joining the probe.
It also alleged that Kejriwal raised frivolous objections and deliberately created grounds for not attending the probe.
In the high court, the ED’s counsel earlier submitted that the trial court “committed a grave error” as it acquitted Kejriwal despite no dispute that summons were duly issued and received but he did not appear before the agency.
In its orders passed on January 22, the trial court ruled the ED failed to prove that Kejriwal intentionally disobeyed the summonses issued to him.
The trial court held that “Neither the service of summons through emails has been proved by the ED nor the process of issuing summons to any person under Section 50(2) of the Prevention of Money Laundering Act (PMLA) via email has been proved to be in accordance with the law.” The ED has alleged that the other accused in the case were in touch with Kejriwal for formulating the now-scrapped excise policy that resulted in undue benefits to them and kickbacks to the Aam Aadmi Party.
Kejriwal is presently on interim bail in the money laundering case, with the Supreme Court referring questions on the aspect of the “need and necessity of arrest” under the Prevention of Money Laundering Act (PMLA) to a larger bench for an in-depth consideration.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others in the liquor policy case, saying the CBI case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
The CBI’s plea against the discharge is pending in the high court.
