Excise policy case: Arvind Kejriwal files fresh plea in Delhi HC, seeks ‘no coercive action’

Delhi Chief Minister and Aam Aadmi Party (AAP) supremo Arvind Kejriwal on Thursday moved a fresh plea in the Delhi High Court seeking no coercive action against him in connection with the Excise policy case.

A division bench led by Suresh Kumar Kait is scheduled to hear the case today. So far, the Delhi CM has been issued nine summons by the Enforcement Directorate regarding the Excise case.

During a hearing related to the matter before the Delhi HC on Wednesday, the chief minister’s legal team expressed concerns about the possibility of his arrest by the ED. They stated that he is willing to appear before the agency if provided with protection.

Also Read: Delhi excise policy case: Kavitha conspired with CM Arvind Kejriwal, says ED

The ED’s latest summon in the Excise Case requires the Chief Minister to appear before them on March 21, 2024.

On Wednesday, the Delhi High Court urged the ED to respond to a plea filed by Arvind Kejriwal challenging the summons issued to him regarding the Delhi excise policy case. During the hearing, the bench questioned Kejriwal’s lawyers, asking why he hadn’t appeared before the Enforcement Directorate. In response, senior advocate Abhishek Manu Singhvi stated that AAP leaders Manish Sisodia and Sanjay Singh were also arrested by the agency.

He mentioned that there are concerns about the ED potentially arresting Kejriwal, but he is willing to cooperate if provided with protection.

Also Read:Arvind Kejriwal skips ED summons in Delhi Jal Board case

Kejriwal. through the plea, has sought the declaration of section (2) (s) of PMLA to be ultra vires, unconstitutional and arbitrary insofar that it is construed to include a political party within its ambit and sweep.

“That said action is being taken given Petitioner’s role as a vocal critic of the ruling party and his role as an opposition leader and partner of the INDIA alliance contesting the General Election to be held next year,” the plea stated.

“By use of such provisions of PMLA for investigation/arrest or threat thereof, ED being in control of the Central Government, has been weaponised as a tool to coerce a change in the political landscape of the country in favour of the ruling dispensation,” Kejriwal alleged.

Also Read:Excise policy case: Enforcement Directorate issues fresh summons to Delhi CM Arvind Kejriwal

The investigation into the current matter has been going on since August 22, 2022, resulting in the filing of six Prosecution Complaints accompanied by thousands of documents.

Given the elaborate complaints and extensive documentation submitted by the Respondent, it is evident that the Directorate of Enforcement already possesses all relevant material and information.

Recently, Arvind Kejriwal was granted bail by the Additional Chief Metropolitan Magistrate of Rouse Avenue Court for two complaints filed by the ED concerning non-compliance with agency summons. Notably, Kejriwal physically attended the court hearing.

The ED aims to record Kejriwal’s statement regarding the case, focusing on topics such as policy formulation, pre-finalisation meetings, and allegations of bribery.

The excise policy in question, aimed at revitalising the city’s liquor business, was nullified. It sought to replace a sales-volume-based regime with a trader’s license fee. A probe into alleged irregularities in the policy was initiated by Lieutenant Governor Vinai Kumar Saxena.