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Excise case: Delhi Court takes cognizance on ED’s second complaint, issues fresh summons to Arvind Kejriwal

The Enforcement Directorate has filed a second complaint in the Delhi liquor policy money laundering case on Wednesday for allegedly failing to comply with the summons.

By Newsd
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The Rouse Avenue Court on Thursday took cognizance of the Enforcement Directorate’s second complaint and issued a fresh summons to Delhi Chief Minister Arvind Kejriwal for his physical appearance before the court on March 16. The Enforcement Directorate has filed a second complaint in the Delhi liquor policy money laundering case on Wednesday for allegedly failing to comply with the summons.

A summons was issued to Kejriwal by Additional Chief Metropolitan Magistrate Divya Malhotra today for the investigation into the ED complaint. An Enforcement Directorate complaint has been filed against Arvind Kejriwal under Section 190 (1)(a) CrPC r/w Section 200 CrPC 1973 r/w Section 174 IPC, 1860 r/w Section 63 (4) of PMLA, 2002 for non-attendance in compliance with Section 50.

Earlier too, the ED filed a complaint against Arvind Kejriwal in which the court summoned him to appear in court. Following the summons order, Delhi Chief Minister Arvind Kejriwal appeared virtually before the court on the ED’s complaint against him for allegedly non-compliance with the summons order.

Kejriwal, while appearing virtually, informed the court that he wanted to join the court proceedings physically but due to the confidence motion and budget sessions, he was unable to appear in court physically. Senior Advocate Ramesh Gupta appearing for Kejriwal, moved an exemption plea for him and assured the court that on the next date, he would appear physically.

Additionally Chief Metropolitan Magistrate Divya Malhotra has granted the exemption request moved for today and has set a date of March 16 for his physical appearance before the court, as indicated in the submissions. On the first ED’s complaint, Rouse Avenue Court took cognizance on February 7 this year of the Enforcement Directorate’s recent complaint against the Delhi Chief Minister for failing to comply with the summons issued by the central probe agency in the Delhi liquor policy money laundering case.

Kejriwal has agreed to appear virtually before the ED on any date after March 12. Saurabh Bharadwaj stated that ED summons are ‘illegal’, but Arvind Kejriwal found a middle ground and decided to appear virtually for questioning in order to prevent illegal arrests of the chief minister. “While ED summons is absolutely illegal, the CM felt that BJP leaders and spokespersons are time and again accusing him of not answering the ED questions. We were always of the opinion that it was not about answering the questions, it was about the ED’s intent to illegally arrest Arvind Kejriwal. So Arvind Kejriwal found a middle ground and decided to appear for questioning via video conferencing. But if there is some conspiracy and they want to arrest the CM at any cost, then the ED will force him to come,” said Delhi Minister Saurabh Bharadwaj.

Aam Aadmi Party leader has written a reply to the Directorate of Enforcement stating that the summons is “illegal.” However, he has agreed to appear before the agency virtually on any date after March 12.

ED is seeking Kejriwal’s statement in this case concerning issues such as the formulation of the policy, meetings held before it was finalized, and allegations of bribery. The ED has claimed in its sixth charge sheet filed on December 2, 2023, naming AAP leader Sanjay Singh and his aide Sarvesh Mishra, that the AAP used kickbacks worth Rs 45 crore generated through the policy during its assembly elections campaign in Goa in 2022.

The excise policy was aimed at revitalizing the city’s flagging liquor business and replacing a sales-volume-based regime with a licence fee for traders. It promised swankier stores and a better buying experience. As part of the policy, discounts and offers on liquor purchases were introduced for the first time in Delhi. Lieutenant Governor Vinai Kumar Saxena triggered the removal of the policy when he ordered a probe into alleged irregularities in the regime. AAP has accused Saxena’s predecessor, Anil Baijal, of sabotaging the move by making last-minute changes that resulted in lower revenues than expected.

As part of the case, two senior AAP leaders, Manish Sisodia and Sanjay Singh, have already been placed under judicial custody. Following several rounds of questioning, Sisodia, who was the Deputy Chief Minister of Delhi, was arrested by the CBI on February 26. On October 5, Singh, who represents the Rajya Sabha, was arrested by the ED.

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