Why aren’t you appearing before ED, High Court asks Kejriwal

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New Delhi, March 20

The Delhi High Court on Wednesday sought Enforcement Directorate’s (ED) reply on the plea filed by Chief Minister Arvind Kejriwal challenging the summons issued to him in connection with the alleged Delhi excise policy scam.

The court also questioned the AAP supremo as to why is he not appearing before the agency for questioning in the case.

The Bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain has given two weeks to the ED to file its reply. The matter will now be heard on April 22.

Additional Solicitor General SV Raju, appearing in the court on behalf of the ED, said the issue of constitutional validity of PMLA (Prevention of Money Laundering Act) provisions has already been settled by the Supreme Court and there cannot be any stay when there is a presumption with respect to such validity.

Abhishek Manu Singhvi, appearing for Kejriwal, said the petition raises several issues, including whether a political party is covered by the anti-money laundering law.

Singhvi said his client would appear before the ED but protection from coercive action is required because of the agency’s “clear intent” to apprehend him when elections are around the corner.

Singhvi argued that despite Kejriwal’s compliance with the last 10 summons, the agency has not clarified whether he is being summoned as an accused, suspect, or witness.

However, the court remarked that such details would be revealed once Kejriwal appears before the agency, questioning why legal recourse hadn’t been pursued if arrest was anticipated.

The court noted that the ED typically does not arrest individuals on the first or second day, only resorting to arrest when grounds for it arise.

Singhvi cited the examples of AAP leaders Manish Sisodia and Sanjay Singh’s arrests, emphasising that they were arrested at home or after being called by the agency.

Kejriwal’s plea also seeks to declare Section (2) (s) of the PMLA as unconstitutional and arbitrary.

The court said, “You received the first summons on October 30. We have seen your reply and you have given several reasons, including that Diwali festivities. And now, we are on to the next festival, elections. So this would go on. Before anything else, you are a citizen of the country, the summons is by name.”

The petition also said Kejriwal is a ‘vocal critic’ of the ruling party. He is an Opposition leader and a partner in the INDIA bloc and the ED, under the control of the Central Government has been weaponised.

Kejriwal moved the court amid the latest summons issued by the ED, asking him to appear before it on March 21.

Cooperate with probe: Sachdeva to CM

New Delhi: Delhi BJP chief Virendra Sachdeva has said CM Arvind Kejriwal must cease evading investigation and instead cooperate with law enforcement agencies. He highlighted the court’s stance, affirming that all ED summons were personally directed to Kejriwal, regardless of his political affiliation. “The court neither granted protection to Kejriwal nor stayed the ED summons for March 21, indicating his obligation to appear in court,” he said, questioning Kejriwal’s reluctance to engage in the investigation if he is truthful. Sachdeva remarked, “Failure to cooperate will be duly noted by the people of Delhi, influencing their decision in the upcoming elections.” tns

Fear arrest, need protection

I will appear. I will answer the questionnaire, but there is a protection that is required. I am not avoiding it. I am not running away from you. I will come myself but I need protection, no coercive steps. I am not a common criminal. Where can I run? — Abhishek Manu Singhvi, Senior advocate, speaking for Kejriwal