Delhi Court Acquits Arvind Kejriwal in ED Summons Cases, Cites Lack of Intentional Disobedience
A Delhi court on Thursday acquitted former Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal in two criminal cases filed by the Enforcement Directorate (ED) for allegedly disobeying summons. The court ruled that his non-appearance did not constitute intentional disobedience, marking a significant legal victory for the AAP chief.
Court Ruling on Summons and Legal Procedures
The court of Additional Chief Judicial Magistrate Paras Dalal held that "mere non-appearance following the summons is not intentional disobedience". It emphasized that the ED had failed to prove the validity of the emails used to serve the summons, noting that such a mode of service is not envisaged under the Code of Criminal Procedure (CrPC) or the Prevention of Money Laundering Act (PMLA).
In its detailed order, the court stated that the CrPC mandates physical service of summons with proper documentation, and when the PMLA does not specify a method, the ED cannot devise its own way but must adhere to established legal procedures. The court also pointed out that the emails provided as evidence lacked critical details required under the Evidence Act, such as message IDs and timestamps, which were deemed essential for the prosecution's case.
Background of the Cases and Kejriwal's Defense
The ED had registered two cases against Kejriwal in February and March 2024 under IPC Section 174 for non-attendance in obedience to a public servant's order. These cases stemmed from his failure to appear for six summons related to the Delhi excise policy probe. Kejriwal, represented by Senior Advocate Rebecca John, argued that there was no wilful disobedience on his part, as the email summons were invalid under PMLA provisions.
He cited various reasons for his non-appearance, including election commitments and his duties as Chief Minister, and alleged that the summons were issued to "humiliate him politically". Additionally, it was noted that the summons were leaked to the media before being emailed, allowing hostile political parties to gain mileage.
Acquittal of AAP MLA Amanatullah Khan
In a related development, the court also acquitted AAP MLA Amanatullah Khan of similar charges for skipping three summons in a money laundering case linked to the Delhi Waqf Board. He was discharged in another case involving three other summons. These cases originated from FIRs filed by the CBI and Delhi Anti-Corruption Branch regarding alleged irregularities and disproportionate assets.
Broader Legal and Political Context
Kejriwal was arrested by the ED on March 21, 2024, in a money laundering case connected to the scrapped Delhi excise policy. While the Delhi High Court stayed a trial court's bail order in June 2024, the Supreme Court granted him interim bail on July 12, 2024, which has continued since. The court's acquittal in the summons cases underscores the importance of procedural adherence in legal investigations.
Reacting to the verdict, AAP leaders celebrated, and Kejriwal posted "Satyameva Jayate" on social media, highlighting the triumph of truth. The court's ruling reinforces the principle that accused individuals are innocent until proven guilty and cannot be convicted on mere probabilities or presumptions.
