Delhi Excise Policy Case: CM Kejriwal Skips Third ED Summons

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In relation to the Delhi Excise Policy case, Delhi Chief Minister Arvind Kejriwal was sent summons by the Enforcement Directorate for the third time. Skipping it by calling it unjust, the CM wrote a letter to the agency.

Source: X

New Delhi: Accusing the Enforcement Directorate of maintaining unwarranted secrecy, Chief Minister Arvind Kejriwal yet again skipped the summons sent by them. This is the third successive time that Kejriwal is rejecting the order to appear for the questioning related to the Excise Policy case.

Kejriwal’s Letter to ED

Skipping the summons, Kejriwal penned a letter addressed to the ED, seeking answer to his queries. In it, he, citing previous instances where the agency responded, criticised the ED for not responding to the questions he had raised the previous two times the summons were sent. Expressing surprise at their unresponsiveness, Kejriwal claimed it as a proof that the summons is unjustified.

The CM claimed that the ED’s silence could be read as a confirmation of vested interests and malafide considerations. He reiterated his willingness to cooperate in fair and just investigations. He also stated that the summons reached media before him, thus serving the purpose of a tool to tarnish his image.

Other Reasons to Skip the Summons

He cited the upcoming elections to the Rajya Sabha as one of the reasons to skip the summons. Being the national convenor of Aam Aadmi Party, the responsibility of overseeing the nomination process rested on him. He is also preoccupied with the preparations related to the Republic Day event.

The AAP restated that the ED’s objective was to apprehend Kejriwal, while the BJP aims to hinder his campaign in the Lok Sabha elections. Additionally, the party questioned the timing of the notices being dispatched just prior to the polls.

Prior Summons from ED

The initial notice from the Enforcement Directorate (ED) was sent to Kejriwal in October, requesting his presence for questioning on November 2. However, he evaded the questioning and instead traveled to Madhya Pradesh to conduct a road show prior to the Assembly elections in the state. During that period, he criticized the summons as politically driven and referred to the investigation as a “fishing and roving” expedition.

The subsequent notification was dispatched to him, requesting his presence for interrogation on December 21. CM Kejriwal had plans to depart from Delhi for a Vipassana meditation retreat on the same day. In his correspondence to the ED, he asserted that the summons lacked any objective or rational criteria and denounced them as mere “propaganda.”

What if Kejriwal Keeps on Skipping

As per the provisions stated in Section 50 of the Prevention of Money Laundering Act (PMLA), 2002, individuals who receive a summons are obligated to personally attend or designate their representatives to appear before the investigators. Experts point out that, in case of absence of response from the CM’s side, the Directorate of Enforcement can keep issuing summons until he complies. The agency has the authority to transfer an application to a court and request a non-bailable warrant against him, or alternatively, investigators can visit his residence and conduct an inquiry on-site.

Delhi Excise Policy

The Delhi Excise Policy 2021-22 was implemented in November 2021, however, it was subsequently revoked in July 2022. In July 2022, Delhi Chief Secretary Naresh Kumar submitted a report to Lieutenant Governor (LG) Vinai Kumar Saxena, highlighting alleged procedural lapses in the formulation of the policy. As a result, the allegations came to light.

Who were arrested?

The report’s findings highlighted the “financial losses to the exchequer” amounting to over Rs 580 crore due to Manish Sisodia’s arbitrary and unilateral decisions as Excise Minister. The report prompted the referral of the case to the CBI and Sisodia’s arrest followed. AAP Rajya Sabha MP Sanjay Singh, who the ED called key conspirator, was also arrested. Sameer Mahendru, Managing Director of M/s Indospirit Group, Vijay Nair, AAP communications in-charge, and Dinesh Arora,a restaurateur were arrested in relation to the case.

Arvind Kejriwal was questioned by the Central Bureau of Investigation (CBI,) in relation to the Excise Policy case in April.

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