Delhi HC Rejects Kejriwal's Bid To Halt ED Trial In Excise Policy Case

The Delhi High Court, presided by Justice Manoj Kumar Ohri, declined to pause the trial court's proceedings against Arvind Kejriwal, the former Delhi Chief Minister.

This case, initiated by the Enforcement Directorate (ED), accuses Kejriwal of failing to comply with the summons in connection to the Delhi excise policy case.

The court's decision came after Kejriwal sought to challenge the sessions court's September 17 ruling, which had dismissed his plea to annul the summons issued by a magisterial court. This plea was presented two months after the sessions court had made its decision, leading to Justice Ohri noting the delay and deciding to issue notice on both the petition and the application.

Kejriwal, who was represented by senior advocate Rebecca John, found himself embroiled in legal trouble after the ED lodged two complaints against him on February 3 and March 6. These complaints were grounded on allegations of Kejriwal's failure to appear before the agency despite repeated summons under the Prevention of Money Laundering Act (PMLA), resulting in his arrest in March. The agency argued that Kejriwal had no right to know whether he was being summoned as a witness or accused in the excise policy case, accusing him of deliberately ignoring the ED's summons and raising baseless objections. The legal proceedings took a significant turn when the Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra acknowledged the validity of the ED's complaints, leading to the issuance of summons for Kejriwal for February and March appearances. Despite this, the sessions court upheld the magisterial court's decision on September 17, finding no fault, illegality, or impropriety in its directive for Kejriwal to appear. This ruling was a setback for the AAP leader, prompting his challenge in the high court against the summonses' legality. His argument hinged on the premise that one ED officer issued the summonses, while another of equivalent rank filed the criminal complaint, a process he claimed was legally flawed.

Responding to Kejriwal's high court petition, the ED, through special counsel Zoheb Hossain, contested the plea's validity. Hossain criticized the petition as a second attempt at revision, disguised under Section 482 of CrPC, and argued it was legally prohibited, with its grounds mirroring those presented at the trial court. Consequently, the court has scheduled December 19 for the next hearing, seeking a detailed response from the ED regarding the contention.

Kejriwal's legal troubles stem from accusations related to the now-defunct Delhi excise policy for 2021-22. The Central Bureau of Investigation (CBI) initiated an inquiry into these allegations following a recommendation from Delhi's lieutenant governor in July 2022. Following his arrest by the ED on March 21 and later by the CBI on June 26, Kejriwal experienced a series of dramatic courtroom events. His situation saw a temporary reprieve when the Supreme Court granted him interim bail on July 12 in the ED case, recognizing his over 90 days in custody, and reiterated the principle that bail is the norm, with jail being the exception in the CBI case on September 12.

In conclusion, the Delhi High Court's decision to not halt the trial court proceedings against Kejriwal marks a significant development in the ongoing legal saga involving the former Delhi Chief Minister. As the court awaits the ED's response, the outcome of the December 19 hearing could have substantial implications for Kejriwal and the political landscape in Delhi.