Kejriwal skips ED summons again in excise policy case

Delhi CM Kejriwal skips 6th ED summons in money laundering case related to Delhi excise policy. ED to issue fresh summons despite court proceedings.

Delhi chief minister and Aam Aadmi Party (AAP) convener Arvind Kejriwal on Monday skipped the sixth summons from the Enforcement Directorate (ED), seeking to question him in connection with the agency’s investigation into a money laundering case linked to alleged irregularities in the Delhi excise policy 2021-22.

Delhi chief minister Arvind Kejriwal during the Budget session in New Delhi on Monday. (HT Photo)

Talking to reporters on the Delhi assembly premises, Kejriwal said, “We are giving them (ED) lawful replies. Since ED has already moved the court and the matter is now sub-judice, ED should wait for the court’s judgment before issuing fresh summons.”

While ED said that it will issue fresh summons to the AAP leader, a senior AAP leader, who did not want to be named, termed the agency’s summons illegal. “The ED summons are illegal. The matter of validity of ED summons is now in court. ED itself went to court. Instead of sending summons again and again, ED should wait for the court’s decision.”

ED moved the Rouse Avenue court on February 3 with a complaint over Kejriwal repeatedly skipping its summons.

“We filed a complaint u/s 174 of IPC (Indian Penal Code) against Arvind Kejriwal for intentionally disobeying the first three summons issued to him. The court has taken the cognisance of the same which means that the court has prima facie accepted that Kejriwal has done an offence for which he is liable to be prosecuted,” said a senior ED official, who asked not to be named.

The Rouse Avenue court on Saturday granted Kejriwal an exemption from personally appearing in court in that case till March 16.

Kejriwal appeared before the court virtually, submitting that he could not physically appear due to the ongoing Budget session and the confidence motion in the House.

AAP chief national spokesperson Priyanka Kakkar said not a “single penny” has been recovered from Kejriwal. “ED has already moved the court against the CM and he has virtually appeared before the court on February 17, and will appear again on March 16. We are law abiding people. ED should wait. We will accept whatever the court decides,” Kakkar said at the AAP headquarters.

A second ED officer who asked not to be named, argued, “The question in front of the court is not about the validity of the summons, but rather the illegal act on part of Arvind Kejriwal of intentionally disobeying the summons.”

A third official, who also spoke on condition of anonymity, said that “Kejriwal cannot skip ED summons calling them illegal just because he appeared before court.”

The agency officials added that a Delhi court , on Saturday, prime facie, held Kejriwal guilty of disobeying ED’s summons and that he has got exemption from physical appearance at the court in connection with that case, the ED.

Kejriwal has skipped six summonses — on February 19, February 2, January 18 and January 3 this year, and December 22 and November 2 last year.

Reacting to the development, Delhi Bharatiya Janata Party (BJP) secretary Harish Khurana said it was expected that Kejriwal would again skip the summons to avoid investigation into the liquor case.

“Arvind Kejriwal has been skipping summons because he has no respect for the law. He should remember that former Jharkhand CM Hemant Soren evaded 10 summons and even went to court, but was arrested because he could not answer ED’s questions. Kejriwal will also have to answer ED’s questions in the excise policy case.”

Delhi BJP chief Virendra Sachdeva said not responding to ED’s summons is a criminal offence as per Section 174 of the Indian Penal Code. “Kejriwal has repeatedly committed such offences. The way he has been running away from ED’s summons and avoiding investigation shows his involvement in the case,” Sachdeva added.

The Delhi government’s 2021-22 excise policy aimed to revitalise the city’s flagging liquor business. It aimed to replace a sales-volume based regime with a licence fee-based one for traders, and promised swankier stores, free of the infamous metal grilles, ultimately giving customers a better buying experience. The policy also introduced discounts and offers on the purchase of liquor, a first for Delhi.The plan, however, came to an abrupt end, with lieutenant governor VK Saxena recommending a CBI probe into alleged irregularities in the regime.