HC notice on Kejriwal’s plea challenging ED complaints over non-compliance with summons

New Delhi, Nov 12: The Delhi High Court on Tuesday agreed to examine a plea filed by former Chief Minister Arvind Kejriwal challenging the maintainability of complaints filed by the Enforcement Directorate (ED) over non-compliance with summons issued to him in the alleged liquor policy scam. A Bench of Justice Manoj Kumar Ohri issued a notice on Kejriwal's plea and asked the federal anti-money laundering agency to file its response.

The matter will be heard next on December 19. Before his arrest on March 21, the ED moved a magisterial court, filing two complaints over non-compliance with its summons. It said that if a high ranking public functionary like him disobeyed the law, it would set a wrong example for the common man.

The ED's complaint added that then CM Kejriwal intentionally did not want to obey the summons and kept on giving "lame excuses". In response to the ED's complaint, the Additional Chief Metropolitan Magistrate (ACMM) of the Rouse Avenue Court issued summons to Kejriwal. Challenging the order, the Aam Aadmi Party supremo moved the sessions court against the two above-mentioned complaints filed by the ED.

However, the sessions court on March 15 refused to grant a stay on the summons issued to Kejriwal by the ACMM. Left with no immediate legal remedy, Kejriwal applied for bail and was granted the relief on a bail bond of Rs 50,000 and a surety of Rs 50,000. Before the Delhi High Court, Kejriwal has challenged the sessions court decision rejecting his plea against the summons issued on the ED's complaint.

Kejriwal contended that when summons were issued by one ED officer of Assistant Director rank, a complaint before a magisterial court could not have been filed by another ED officer of the same rank in view of Section 195 CrPC. The Supreme Court, on September 13, had granted bail to the former Delhi CM in connection with the corruption case lodged by the Central Bureau of Investigation (CBI) linked to the liquor policy case.

Earlier in July, the SC had ordered Kejriwal to be released on interim bail in connection with the money laundering case.