Delhi HC asks ED to show material backing summons to Arvind Kejriwal in excise case

The Delhi high court on Thursday asked the Enforcement Directorate (ED) to show the material based on which it is summoning Delhi chief minister and Aam Aadmi Party (AAP) national convenor Arvind Kejriwal to appear in connection with the money laundering case linked to the now scrapped Delhi excise policy.

The high court asked the probe agency to present the material pursuant to the agency’s submissions that it had material to summon him and was insisting on his physical presence.

“We’re summoning him as an individual and not in an official capacity. There is material to call him,” additional solicitor general (ASG) SV Raju submitted before a bench led by justice Suresh Kumar Kait.

“At this stage, at least if that is the position, show us the material under what capacity are you calling. We want to see what the position is”, the bench also comprising justice Manoj Jain said.

Also Read: Why aren’t you replying to ED summons? Delhi high court asks CM

The high court asked ED to show the material while considering Kejriwal’s plea seeking to direct the agency from not taking coercive action against him on his appearance in lieu of the summons.

The CM has moved the application in his petition challenging the summons issued to him by the probe agency on March 16 and February 26.

The chief minister has approached the high court three days after he was granted bail by the additional chief metropolitan magistrate (ACMM) Divya Malhotra on March 16, after he appeared physically before the court, in the case based on the two complaints filed by ED against him for allegedly disobeying the summons.

During the hearing, the chief minister appearing through senior advocate AM Singhvi submitted that the summons have been issued to him with an oblique motive to arrest and on the same day when schedule for the general elections was declared.

He argued that the summons does not specify the capacity in which his physical appearance has been sought, are devoid of material and questionnaire.

“I apprehend that I will be arrested without any cause or reason to unleash greater prejudice presently... Summons have been issued on the same day when the schedule for general elections were declared. MCC (model code of conduct) is in place, and it will disturb the level playing field,” Singhvi said.

Considering Singhvi’s submissions, the court while taking note of the fact that the ED had been issuing summons to the AAP convenor since October, the court also asked as to why the CM had not approached the lower court

“Until and unless you attend any of the call, how would you know what information do they want? The summons started from October. If you had apprehension that if you attend their call... then why did you not challenge? What prevented you to not go to the court below from filing an anticipatory bail?” the bench asked Singhvi.

ASG SV Raju added that a person who flouted the law (by skipping summons) should not be heard entirely.

“Person who flouts law is not entirely to be heard,” ASG said.

On Wednesday, the high court had asked as to why he was not appearing before the probe agency, after AAP convenor had skipped multiple summons.

The federal investigating agency has to date issued nine summonses to Kejriwal - on March 4, February 26, February 19, February 2, January 18, January 3, and December 22 and November 2 last year.

On Sunday, the probe agency had issued a fresh summon to Kejriwal asking him to appear before it on March 21 for questioning, which he skipped.