Delhi High Court Issues Fresh Notice to Kejriwal on ED Excise Policy Appeal

The Delhi High Court on Wednesday issued notice to Aam Aadmi Party (AAP) national convenor and former Chief Minister Arvind Kejriwal on a plea filed by the Enforcement Directorate (ED) challenging his acquittal in complaint cases related to alleged non-compliance with summons in the excise policy money laundering matter.

A single-judge Bench of Justice Swarana Kanta Sharma observed that despite advance notice, there was no appearance on behalf of Kejriwal and directed the issuance of a fresh notice. The ED contended that the trial court had erred in acquitting Kejriwal, asserting that the summons issued under the Prevention of Money Laundering Act (PMLA) were duly served and acknowledged. Counsel Zoheb Hossain argued, “There are various judgments which hold that where a document is not disputed, there is no requirement of formally proving it.”

The court instructed that the trial court record be called and posted the matter for further hearing on April 29. The ED’s appeal follows the acquittal granted by the Rouse Avenue Court, which had held that the material on record did not warrant prosecution of Kejriwal for non-compliance, despite allegations that he had skipped multiple summons issued under Section 50 of the PMLA.

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The case gains added significance in light of parallel proceedings linked to the Delhi excise policy. The Central Bureau of Investigation (CBI) has approached the Delhi High Court challenging a trial court order discharging all 23 accused, including Kejriwal and former Deputy Chief Minister Manish Sisodia, in the corruption case related to the scrapped policy. The trial court had noted that the prosecution failed to establish even a prima facie case.

Kejriwal has also moved the Supreme Court seeking transfer of the CBI’s plea from Justice Sharma’s bench, citing apprehensions about impartiality. He has additionally filed a Special Leave Petition (SLP) against certain observations made by Justice Sharma during the hearing of the CBI’s revision plea. The Delhi High Court recently stayed adverse remarks made by the trial court against a CBI officer and the investigating agency while issuing notice in the CBI’s revision plea.

The developments underscore ongoing legal scrutiny surrounding the excise policy case and highlight the ED and CBI’s determination to challenge acquittals in high-profile corruption and money laundering matters.

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