Add The Wire As Your Trusted Source
For the best experience, open
https://m.thewire.in
on your mobile browser.
AdvertisementAdvertisement

Delhi Court Acquits Arvind Kejriwal in ED Summons Cases

Additional Chief Judicial Magistrate Paras Dalal held that absence pursuant to summons, by itself, does not amount to an offence, observing that “mere non-appearance (following the summons) is not intentional disobedience.”
Additional Chief Judicial Magistrate Paras Dalal held that absence pursuant to summons, by itself, does not amount to an offence, observing that “mere non-appearance (following the summons) is not intentional disobedience.”
delhi court acquits arvind kejriwal in ed summons cases
Aam Aadmi Party (AAP) national convener Arvind Kejriwal. Photo: PTI.
Advertisement

New Delhi: A Delhi court on Thursday (January 22) cleared former Delhi chief minister and Aam Aadmi Party (AAP) convenor Arvind Kejriwal of allegations that he wilfully disobeyed official orders by failing to appear before the Enforcement Directorate (ED) in response to six summons linked to the agency’s investigation into the Delhi excise policy case.

Additional Chief Judicial Magistrate Paras Dalal held that absence pursuant to summons, by itself, does not amount to an offence, observing that “mere non-appearance (following the summons) is not intentional disobedience.”

Kejriwal reacted on X saying, “Satyameva Jayate” while reposting a Bar and Bench post that said, "Delhi court acquits former Delhi chief minister Arvind Kejriwal in two cases filed by the ED against him for skipping the agency's summons in the excise policy case."

Notably, Kejriwal had skipped the ED summons issued for November 2 and December 21, 2023, and January 3 and January 18, 2024. He had called the summons "illegal".

Advertisement

The ED had initiated two criminal proceedings against Kejriwal in February and March 2024 under IPC Section 174, which deals with non-attendance in compliance with an order issued by a public servant. Under the Prevention of Money Laundering Act (PMLA), the agency is empowered to invoke this provision where summons are intentionally disobeyed.

While acquitting Kejriwal in both the cases, the court found that the ED had not been able to establish proper service of the summons, which were sent through email. The magistrate noted that neither the Criminal Procedure Code (CrPC) nor the PMLA recognises email as a valid mode of serving summons.

Advertisement

The CrPC, the court said, requires physical delivery of summons along with a procedure to document service. In the absence of any specific provision under the PMLA on the manner of service, the court ruled that the “ED cannot devise its own way” and must follow the framework laid down under the CrPC.

In the same order, the court also acquitted AAP MLA Amanatullah Khan of charges related to skipping three summons in an alleged money laundering case connected to the Delhi Waqf Board, and discharged him in a separate case involving three additional summons.

Advertisement

The ED’s case against Khan pertained to two FIRs – one registered by the CBI over alleged irregularities in Waqf Board appointments, and another by the Delhi Anti-Corruption Branch concerning an alleged disproportionate assets case.

Advertisement

On March 21, 2024, Kejriwal was arrested by the ED in an alleged money laundering case related to the now-withdrawn excise policy. On June 25, 2024, the Delhi high court stayed a trial court order granting him bail. He was later released on interim bail by the Supreme Court on July 12, 2024, which continues to remain in force.

This article went live on January twenty-third, two thousand twenty six, at three minutes past four in the afternoon.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.

Advertisement
Advertisement
tlbr_img1 Series tlbr_img2 Columns tlbr_img3 Multimedia