Edited by Deepali Verma
Delhi Chief Minister Arvind Kejriwal skipped the third summons issued by the Enforcement Directorate (ED) on January 3 in connection with the Delhi excise policy case. The Aam Aadmi Party (AAP) has been vocally critical of the timing of the summons that are happening just ahead of the 2024 general elections, alleging that it is a deliberate attempt to create hindrance in the Delhi Chief Minister’s campaign. AAP claimed that Kejriwal is willing to cooperate with the ED but has deemed the notice to be illegal.
What Lies Ahead?
An individual can ignore an ED summons thrice and Kejriwal has now exhausted the tally, which means that the ED can now seek a non-bailable warrant (NBW), compelling his appearance before a court. If the NBW is not compiled, it may lead to arrest and subsequent court proceedings.
Legal Options for Arvind Kejriwal
The Delhi Chief Minister states that he is willing to cooperate with the agency but questions the timing and urgency of the summons. Kejriwal’s refusal to appear before the ED on two previous occasions has increased tensions between the AAP and the investigative agency.
At his disposal, Kejriwal has at least two legal avenues available. He can head towards the court to challenge the summons, asserting his rights and seeking clarity on the allegations.Secondly, he can choose anticipatory bail that is a legal mechanism to safeguard against arrest while an investigation is underway.
Previous Summons
The first summon by the central agency was on November 2 where Kejriwal declined to appear, citing the summons as “vague, motivated and unsustainable in law.”
The second summon was issued to Mr Kejriwal on December 18, demanding his presence at their office on December 21. However, the Chief Minister did not comply.
The Central Bureau of Investigation (CBI) and ED are currently investigating the now-scrapped Delhi government excise policy for 2021-22, which is alleged to have proved beneficial to certain liquor dealers. The AAP has strongly condemned the allegations. Delhi Lt Governor VK Saxena demanded a CBI probe into alleged irregularities in the policy upon receiving a report from the chief secretary of Delhi government.
CBI had questioned Kejriwal for about nine hours in April in connection with the case. AAP leader and an arrest of the former Delhi deputy chief minister Manish Sisodia was made by the CBI in February this year.
