A decision made by a sessions court on Friday upheld the summons issued to Delhi Chief Minister Arvind Kejriwal by a magisterial court, prompted by a complaint from the Enforcement Directorate (ED). The ED's complaint alleged that CM Kejriwal had failed to adhere to its summons regarding a money laundering case linked to the now-defunct Delhi liquor policy.
Special Judge Rakesh Syal of the Rouse Avenue Court emphasized that the Chief Minister could address any exemptions directly with the magisterial court. "For exemption, you can move the trial court," the judge asserted.
CM Kejriwal lodged two revision petitions challenging the Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra's summon orders based on the ED's complaint. The ACMM issued a subsequent summons on March 7, scheduling a hearing for March 16 to address the ED's initial complaint.
The revision petitions against the disputed orders are slated for review on March 30. Senior advocate Ramesh Gupta and advocate Rajiv Mohan represented CM Kejriwal during the arguments, stating that Kejriwal's absence from the summons was not due to personal reasons.
During Thursday's proceedings, Special Judge Rakesh Syal heard extensive arguments from both sides regarding one of the revision petitions. On Friday, senior advocate Ramesh Gupta and advocate Rajiv Mohan presented arguments on the second revision petition, emphasizing that Kejriwal's absence from the summons was not intentional.
On the other side, Additional Solicitor General (ASG) S.V. Raju appeared for the federal agency, criticizing the tactic of last-minute court moves to pressure for stays or adjournments.
ACMM Malhotra had previously granted a day's exemption from physical appearance to the Chief Minister regarding the first complaint. The second complaint relates to Kejriwal's alleged failure to comply with multiple summons.
CM Kejriwal had requested the ED for a post-March 12 date for questioning in the excise policy matter, responding after receiving multiple summons. The ACMM had taken cognizance of the first complaint on February 7, issuing summons for February 17.
The ED, on January 31, summoned CM Kejriwal for the fifth time, alleging deliberate non-compliance and citing the potential negative influence of a high-ranking public official flouting the law.
