Delhi HC refuses to grant Arvind Kejriwal protection in liquor policy case
The court was considering Kejriwal’s plea seeking to direct the agency from not taking coercive action against him on his appearance in lieu of the summons
New Delhi: The Delhi high court on Thursday refused to grant interim protection from arrest to Delhi chief minister Arvind Kejriwal over summons issued to him by the Enforcement Directorate (ED) in connection with a money laundering probe linked to the now scrapped Delhi excise policy.
The court passed the order after perusing the material, which it had sought from the probe agency based on it was summoning Aam Aadmi Party (AAP) national convenor.
“After hearing both the parties, we are not inclined to grant the relief at this stage,” a bench of justice Suresh Kumar Kait and justice Manoj Jain said in the order.
Though the court refused to pass an order from protection of arrest, it during the hearing, asked the chief minister as to why he had not approached the lower court seeking anticipatory bail, if he was apprehending arrest.
“Until and unless you attend any of the call, how would you know what information do they want? The summons started from the month of 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.
Further, the court also asked the probe agency as to what prevented the probe agency from arresting the minister. “What prevented you not to arrest? You are sending him summons after summons,” the bench asked ASG SV Raju.
Also Read: Delhi HC asks ED to show material backing summons to Arvind Kejriwal in excise case
The court was 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 and quashing the proceedings against him in his capacity of AAP leader and CM emanating out of the ECIR (enforcement case information report) registered by ED in the money laundering case. Besides from quashing, the CM has also challenged various provisions of the Prevention of Money Laundering Act (PMLA) including section 2(s) of PMLA to the extent it construed to include a political party within its ambit and sweep.
Kejriwal 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.
On Thursday, 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 and are devoid of material and questionnaire.
Also Read: ED a political tool: AAP hits out at BJP in Delhi
“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 is in place and it will disturb the level playing field,” Singhvi said.
While, the ED appearing through ASG Raju submitted that it had material to summon him and was insisting on his physical presence in his individual capacity. “We’re summoning him as an individual and not in an official capacity. There is material to call him,” the law officer said. Raju added that a person who flouted the law (by skipping summons) should not be heard entirely. “Person who flouts the law is not entirely to be heard,” ASG said. He said that though the probe agency had the right to arrest, but it never said that it would arrest the CM. “He is not being called for the first time. Our right to arrest is there but where did we say that we will arrest?” The law officer said.
On Wednesday, the high court had asked as to why he was not appearing before the probe agency, after the AAP convenor had skipped multiple summons. “Why don’t you appear on receiving the summons? What is preventing you to not attend the call?” a bench led by justice Suresh Kumar Kait said to senior advocate Singhvi.
The federal investigating agency has till date issued nine summons to Kejriwal, asking him to join the investigation being conducted in the alleged money laundering case related to the Delhi liquor excise policy scam - 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 fresh summons to Delhi chief minister Arvind Kejriwal asking him to appear before it on March 21 for questioning, which he skipped.
