On Tuesday, the Delhi High Court issued a notice to the Enforcement Directorate (ED) in response to a petition filed by former Chief Minister Arvind Kejriwal.
Kejriwal’s petition contests the legitimacy of multiple criminal complaints brought against him by the ED, alleging that he failed to comply with a series of summons issued as part of an ongoing probe into Delhi’s excise policy.
The notice, issued by Justice Manoj Kumar Ohri, requests the ED’s formal response to Kejriwal’s challenge.
Kejriwal is disputing a prior decision by a trial court that validated the ED’s complaints, which claim that he ignored directives to appear for questioning.
The High Court has scheduled the next hearing for 19 December, giving the ED time to respond.
Kejriwal’s Legal Team Challenges ED Complaint Procedures
Kejriwal’s legal team, led by Senior Advocate Rebecca M John, raised substantial objections regarding the procedures followed by the ED in issuing these complaints.
John argued that the criminal complaints lack merit, pointing out procedural inconsistencies.
She noted that while one officer issued summons under the Prevention of Money Laundering Act (PMLA), a separate officer lodged the formal complaints for non-compliance under Section 174 of the Indian Penal Code (IPC)—a distinction she claims could impact the complaints’ legitimacy.
Representing the ED, Advocate Zoheb Hossain defended the agency’s actions and asserted that the complaints were both legally sound and procedurally accurate.
According to Hossain, Kejriwal’s repeated failure to attend summons issued by the ED constituted grounds for the complaints under IPC Section 174, which addresses non-compliance with lawful orders.
The current legal battle follows the ED’s decision earlier this year to initiate criminal complaints against Kejriwal in connection with its investigation into Delhi’s excise policy.
The ED’s case asserts that Kejriwal’s absence from scheduled questioning sessions hindered its probe. This move preceded Kejriwal’s brief arrest by the ED, after which he received interim bail from the Supreme Court.
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