The Delhi High Court, hearing Arvind Kejriwal's petition, has issued a notice to the ED and sought a response within six weeks. The matter pertains to challenging the summons in the excise scam. The court has set the next hearing for September 10th.
High Court: The Delhi High Court has issued a notice to the Enforcement Directorate (ED) and granted six weeks to file a response on a petition filed by Arvind Kejriwal, the national convener of the Aam Aadmi Party and former Chief Minister of Delhi. This case is related to the alleged Delhi excise policy scam, in which the ED had issued multiple summons to Kejriwal under the Prevention of Money Laundering Act (PMLA).
What is the whole case?
This controversy is related to Delhi's alleged new excise policy, on which allegations of corruption and money laundering have been made. In this case, the ED issued multiple summons to Kejriwal, but he has not yet appeared in person on any of the summons. He has approached the court challenging the summons.
In the petition, Kejriwal has challenged the order passed by the special court on September 17, 2024, which had upheld the summons issued by the ED. In addition, the decision of the Sessions Court on December 20, 2024, to uphold the Magistrate Court's order of October 24, 2024, which denied the transfer of the case to another court, has also been challenged.
Details of Court Proceedings
During the hearing on Wednesday, Justice Ravinder Dudeja directed the ED to file its response to the petition within six weeks. The court clarified to the ED that it should include all points, including preliminary objections, in its response. The next hearing date has been set for September 10, 2025.
What are the ED's objections?
During the hearing, the Enforcement Directorate's counsel raised questions about the validity of the petition. The ED argues that this petition by Kejriwal is, in fact, a second revision petition filed under Section 482 of the Code of Criminal Procedure (CrPC), which cannot be legally accepted. The ED also argued that such petitions fall under the category of misuse of the judicial process and are intended to obstruct the investigation. The court stated that the ED should include all issues, including preliminary objections, in its response.
What did the court say?
Although the court has not yet accepted or rejected the ED's objections, it has said that all objections should be included in the counter affidavit. The court's stance is currently neutral, and it has asked both parties to follow the legal process.
Aam Aadmi Party's Reaction
AAP has called this development part of "political vendetta". Party spokespersons said that the ED and the central government are working together to defame the Chief Minister. They claimed that the whole matter is a political conspiracy in which legal tools are being misused.
What could be the next step?
Now that the court has sought a detailed response from the ED, it will be important to see what facts and arguments the ED presents in its response. If the court does not find the ED's arguments sufficient, it is possible that the summons may be quashed or interim relief may be granted to Kejriwal.
At the same time, if the court agrees with the ED, Kejriwal may face legal difficulties. This case is politically very sensitive and its legal and political consequences can be far-reaching.
