The Delhi High Court on Wednesday issued a fresh notice to Aam Aadmi Party (AAP) chief Arvind Kejriwal on petitions filed by the Enforcement Directorate (ED) challenging his acquittal in two cases related to non-compliance with summons in the excise policy matter.
Court Proceedings
Justice Swarana Kanta Sharma noted that the earlier notice issued to Kejriwal had not been served. "Registry reports that (he is) not served. I will issue fresh notice. Respondent has not been served," the High Court said, and listed the matter for hearing on July 22.
The ED informed the court that a notice had been issued on April 1, but no one appeared on behalf of Kejriwal. The cases arise from complaints filed by the ED before a trial court, alleging that the AAP chief deliberately failed to appear before the agency despite repeated summons during the probe into the now-scrapped excise policy.
ED's Allegations
The agency has also claimed that Kejriwal intentionally avoided joining the investigation and raised "frivolous objections" to evade questioning. Earlier, the trial court had acquitted Kejriwal, observing that the ED failed to establish deliberate disobedience of summons. The trial court held that the agency could not prove valid service of summons via email or demonstrate that such a mode complied with legal requirements under the Prevention of Money Laundering Act (PMLA).
ED's Appeal
Challenging the trial court's decision, the ED argued in the High Court that the trial court committed a "grave error," asserting that there was no dispute over the issuance and receipt of summons, despite which Kejriwal did not appear.
Kejriwal is currently on interim bail in a related money laundering case, while legal questions regarding the necessity of arrest under the PMLA have been referred by the Supreme Court of India to a larger bench.
