A Delhi court on Thursday acquitted former Delhi Chief Minister Arvind Kejriwal in two complaint cases instituted by the Directorate of Enforcement (ED), alleging wilful non-compliance with summons issued during the agency’s investigation into the Delhi Excise Policy matter.
Additional Chief Judicial Magistrate Paras Dalal of the Rouse Avenue Courts refused to proceed against Kejriwal for the alleged failure to appear before the central agency pursuant to multiple summons. A detailed judgment is awaited.
The national agency had approached the court in February 2024, invoking the provisions of Section 50 of the Prevention of Money Laundering Act (PMLA), 2002, contending that Kejriwal had deliberately avoided appearance despite being afforded repeated opportunities.
The Counsel appearing for ED apprised the court that as many as five summons were issued to Kejriwal on different dates in connection with the ongoing money laundering probe, which he chose not to honour.
The complaint cases were predicated on the premise that non-attendance before the authorised officer amounted to a punishable offence under PMLA, which empowered the national agency to summon individuals, record statements on oath, and compel the production of documents during investigation. ED argued that such non-compliance obstructed the statutory exercise of investigative powers conferred under the Act.
A First Information Report (FIR) was registered by the Central Bureau of Investigation on August 17, 2022, concerning alleged irregularities in the formulation and implementation of the Delhi Excise Policy for 2021–22. The CBI action followed a complaint submitted by the then Lieutenant Governor of Delhi on July 20, 2022, alleging procedural lapses and undue benefits extended to select private entities.
Subsequently, on August 22, 2022, ED registered an Enforcement Case Information Report (ECIR) under the PMLA to probe the alleged laundering of proceeds of crime arising from the excise policy case. Kejriwal was later arrested in the substantive money laundering case and remained in custody before securing bail from the Supreme Court, which underscored the constitutional balance between personal liberty under Article 21 and the rigours of special penal statutes.
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