Excise case: Court summons Arvind Kejriwal on Feb 17 after ED complaint

The Aam Aadmi Party (AAP) national convener has so far skipped five summons — on November 2, December 22, January 3, January 18, and February 2

New Delhi: A Delhi court on Wednesday summoned Arvind Kejriwal on February 17 acting on a complaint filed by the Enforcement Directorate (ED) for “non-compliance to the summons” issued to him by the agency in connection with its probe linked to irregularities into the now-scrapped Delhi excise policy case.

Delhi chief minister Arvind Kejriwal (File Photo)

“Cognizance of the complaint is taken and summons are being issued to him to appear on February 17”, said additional chief metropolitan magistrate (ACMM) Divya Malhotra while pronouncing the order.

The agency had approached the court on February 3 under section 190 of the code of criminal procedure which empowers the court to take cognizance of a complaint and issue summons to the person against whom the complaint has been filed.

The ED invoked section 174 of the Indian Penal Code (IPC) and section 63(4) of the Prevention of Money Laundering Act (PMLA) against the Delhi chief minister for not complying with the summons issued to him asking him to join the investigation.

Section 63(4) of PMLA entails that a person who intentionally disobeys the directions issued by the agency shall be prosecuted under section 174 IPC which describes that such a person shall be punished with imprisonment extending up to one month or with a fine or both.

The Aam Aadmi Party (AAP) national convener has so far skipped five summons — on November 2, December 22, January 3, January 18, and February 2.

The AAP has maintained that the summons to Kejriwal were illegal and politically motivated because they do not explain whether he is being called as a witness or an accused.

The AAP convenor had earlier written to the ED, describing the summonses as “illegal and politically motivated”.

Kejriwal, in his response to the third summon, had said he was ready to cooperate in the probe but alleged that the agency intends to arrest him and prevent him from campaigning for the Lok Sabha polls.

The probe agency has so far filed six charge sheets in this probe against 31 individuals and entities, including former deputy chief minister Manish Sisodia and Singh.

In its sixth charge sheet filed on 2 December 2023, the ED, naming AAP Rajya Sabha MP Sanjay Singh and his aide Sarvesh Mishra, claimed that AAP used kickbacks worth ₹45 crore, generated through the policy, for its assembly elections campaign in Goa in 2022.

The ED has in the past alleged that bribes generated in the excise policy were used to fund the poll campaign. The agency has claimed that total bribes worth ₹100 crore were paid to AAP leaders in connection with the excise policy.

In one of its five charge sheets, the ED claimed that the excise policy was Kejriwal’s “brainchild”.

The case pertains to the Delhi government’s 2021-22 excise policy aimed at revitalising the city’s flagging liquor business. The policy also introduced discounts and offers on the purchase of liquor, a first for Delhi.

However, the policy ended abruptly after Delhi’s LG V K Saxena recommended a probe into the alleged irregularities in its framing and implementation.