Delhi’s Chief Minister, Arvind Kejriwal, chose to abstain from complying with the Enforcement Directorate’s summons for the sixth occasion, prompting the agency to assert that the court has acknowledged a complaint against the Aam Aadmi Party (AAP) chief under Section 174 of the Indian Penal Code.
Section 174 deals with the defiance of a lawful directive to personally appear at a designated location, either in person or through a representative. The complaint alleges that Kejriwal intentionally disregarded the initial three summonses served to him. The agency contends that the court has recognized this, indicating a prima facie acceptance that Kejriwal committed an offense, warranting prosecution.
Insiders reveal that the court’s consideration revolves around Kejriwal’s deliberate disobedience of the aforementioned three summonses, not their legitimacy. The AAP asserted the illegality of the ED’s summonses, asserting that the matter’s validity rests with the court itself, emphasizing the ongoing legal proceedings. The party suggests that instead of repeatedly issuing summonses, the ED should await the court’s decision.
On February 2, Kejriwal evaded the ED’s summons for the fifth time in connection with a money laundering inquiry linked to irregularities in the Delhi excise policy for 2021-22. The party maintains that Kejriwal will not participate in ED questioning, deeming the summons unlawful.
During a virtual appearance on February 17 before the Rouse Avenue Court, Kejriwal expressed his desire to physically attend the court proceedings. However, citing confidence motion and budget sessions, he conveyed his inability to be present physically. The court granted Kejriwal’s exemption plea for that day, scheduling his physical appearance for March 16, 2024.
The ED recently filed a fresh complaint, invoking sections 190 (1)(a) and 200 of the Code of Criminal Procedure, Section 174 of the Indian Penal Code, and Section 63 (4) of the Prevention of Money Laundering Act (PMLA). The agency aimed to record Kejriwal’s statement regarding policy formulation, pre-finalization meetings, and bribery allegations.
In its sixth charge sheet filed on December 2, 2023, implicating AAP leader Sanjay Singh and aide Sarvesh Mishra, the ED alleged that the AAP utilized kickbacks totaling Rs 45 crore, derived from the policy, in its assembly elections campaign in Goa in 2022.
