Delhi excise policy case: Arvind Kejriwal moves sessions court challenging ACMM summons

Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra earlier after hearing the submissions on behalf of Enforcement Directorate (ED) took cognizance of the complaint and listed the matter for appearance of Kejriwal on Saturday.

Counsel for ED had submitted that the Assistant Director, ED issued summons dated 12.01.2024, 31.01.2024 and 14.02.2024 to the proposed accused "to give evidence in connection with the investigation or proceedings under PMLA in pursuance of his powers under Section 50(2), PMLA. He is a public servant within the meaning of Section 21, IPC by virtue of Section 40,PMLA."

The summonses were addressed to the respondent/proposed accused at his official e-mail address and the delivery of such summonses is prima facie evidence from the fact that the proposed accused sent replies to them.

The government counsel submitted that as per the mandate of Section 50(3) of the Act, the respondent/proposed accused was legally bound to comply with the summons but allegedly he failed to do so.

He said this is the second complaint against the same person with the similar allegations and every non-compliance of the summons issued by a public servant would tantamount to a separate offence.

It is submitted that Kejriwal has been issued eight summons in the case. ED had earlier filed a complaint case against Kejriwal for not complying with the initial three summons issued to him which is also listed on March 16.

The Enforcement Directorate has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies.

The ED has alleged that the accused were in touch with Kejriwal regarding the preparation of the Excise policy for 2021-22.