Court grants time to Delhi CM Arvind Kejriwal to file response to ED’s reply

Court grants time to Delhi CM Arvind Kejriwal to file response to ED’s reply

The Rouse Avenue court on Friday granted time to the counsel for Arvind Kejriwal to file rejoinder on the reply of Enforcement Directorate (ED). Senior advocate appearing for Kejriwal said that they could not take instructions as he has been arrested by the ED.
The agency has already filed a reply on Kejriwal’s plea seeking supply of deficient documents filed along with the Complaint.
Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra, after hearing the submissions of senior advocate Ramesh Gupta and ASG S V Raju, granted time to file rejoinder and listed the matter on May 4.
Senior Advocate Ramesh Gupta appeared for Kejriwal and submitted that they could not get instructions due to the arrest of Kejriwal.
Sr. Advocate Gupta submitted that Kejriwal has 30 litigation cases all over the country. But we are not able to get the legal interview because of intervention by the ED. The agency has no other business than opposing applications moved by Kejriwal.
ASG S V Raju appeared through video conferencing and said that two legal interviews are permitted as per the jail manual. ASG Raju said that you may ask for more time.
Senior advocate Ramesh Gupta said that even if we are granted time, how can we file a reply if we are not allowed to have a legal interview with Kejriwal. “You don’t allow him to have food, don’t allow him to go to the toilet. ED so much after kejriwal,” he said.
After hearing the submissions, the Court listed the matter for filing of rejoinder on May 4.
On March 16, the Additional Chief Metropolitan Magistrate of Rouse Avenue Court granted bail to Delhi Chief Minister Arvind Kejriwal on two complaints filed by the ED for non compliance of summons issued by the agency. During the hearing, Kejriwal appeared physically before the court.
ACMM Divya Malhotra had granted bail to Kejriwal noting that the Section is bailable in nature and directed to furnish Rs 15,000 each in both complaint cases.
ASG S V Raju alongwith Zoheb Hossain and Simon Benjamin appeared for ED and Senior Advocate Ramesh Gupta along with Advocate Rajiv Mohan, Mohd Irshad, Mudit Jain and Samprikta Ghosal appeared for Arvind Kejriwal.
Earlier, it was submitted that the Delhi Chief Minister gave reply to each and every notice issued by Directorate of Enforcement but despite coming to know of the reasons for non-appearance in person provided by him, the ED continued issuing cyclostyle notices under Sections 50 PMLA.
Arvind Kejriwal on March 14 had moved the Sessions Court challenging summons issued to him by Additional Chief Metropolitan Magistrate on ED complaints for not complying with the summons issued by the central probe agency in the Delhi liquor policy money laundering case.
Kejriwal while challenging the summons in sessions court, further submitted that there was no intentional disobedience on the part of him and he always explained the reason which till the date has not been contested or found false by the Department.
Kejriwal through a plea had sought direction of sessions court to stay proceedings adjudication before additional Chief Metropolitan Magistrate.
The Additional Chief Metropolitan Magistrate had taken cognizance of the Enforcement Directorate’s second complaint and issued a fresh summons to Delhi Chief Minister Arvind Kejriwal for his personal appearance before the court on March 16, 2024.
ED had moved the court with a second complaint for allegedly not complying with the summons in the alleged Delhi liquor policy money laundering case.
The Enforcement Directorate has moved that a second complaint has been filed against Arvind Kejriwal under Section 190 (1)(a) CrPC r/w section 200 CrPC 1973 r/w section 174 IPC, 1860 r/w section 63 (4) of PMLA, 2002 for non-attendance in compliance with Section 50, PMLA, 2002.
Earlier too, the ED filed a complaint against Arvind Kejriwal in which the court issued summons to him in the matter.
Following the summons order, Arvind Kejriwal appeared virtually before the court on the ED’s complaint against him for alleged non-compliance with the summons order.
Arvind Kejriwal, while appearing, virtually informed the court that he wanted to join the court proceedings physically but due to the confidence motion and budget sessions, he couldn’t come physically before the court.
In the first ED’s complaint, Rouse Avenue Court on February 7, 2024, took cognizance of the Enforcement Directorate’s recent complaint filed against Delhi Chief Minister Arvind Kejriwal for not complying with the summons issued by the central probe agency in the Delhi liquor policy money laundering case.
According to the ED, the agency wanted to record Kejriwal’s statement in the case on issues like the formulation of policy, meetings held before it was finalized, and allegations of bribery.
In its sixth charge sheet filed in the case on December 2, 2023, naming AAP leader Sanjay Singh and his aide Sarvesh Mishra, the ED had claimed that the AAP used kickbacks worth Rs 45 crore generated via the policy as part of its assembly elections campaign in Goa in 2022.
The excise policy was aimed at revitalizing the city’s flagging liquor business and replacing a sales-volume-based regime with a licence fee for traders. It promised swankier stores and a better buying experience. The policy introduced discounts and offers on the purchase of liquor for the first time in Delhi.
Lieutenant Governor Vinai Kumar Saxena’s move to order a probe into alleged irregularities in the regime prompted the scrapping of the policy. The AAP has accused Saxena’s predecessor, Anil Baijal, of sabotaging the move with a few last-minute changes that resulted in lower-than-expected revenues.
Sisodia, who was the then Delhi Deputy Chief Minister, was arrested by the CBI on February 26 following several rounds of questioning. On October 5, 2023 the ED arrested Sanjay Singh, who is a Rajya Sabha member.

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