In a significant legal development, Aam Aadmi Party (AAP) supremo and former Delhi Chief Minister Arvind Kejriwal has been cleared by a Delhi court in two lawsuits filed by the Enforcement Directorate (ED). The federal agency had sought judicial action against Kejriwal for allegedly ignoring multiple summons related to the ongoing excise policy money laundering investigation.
Court Ruling Dismisses ED's Legal Action
The ruling was delivered on Thursday by Additional Chief Judicial Magistrate (ACJM) Paras Dalal at the Rouse Avenue Court in Delhi. The ED had approached the judiciary in February 2024 against Kejriwal for his failure to comply with directives issued under Section 50 of the Prevention of Money Laundering Act (PMLA).
The AAP chief had failed to appear before the federal agency despite receiving five separate notices on various occasions regarding the investigation into suspected financial irregularities. The court's decision represents a notable legal victory for Kejriwal in the complex web of cases surrounding the Delhi excise policy controversy.
Background of the Excise Policy Investigation
The ED's inquiry into money laundering allegations originates from a case initially registered by the Central Bureau of Investigation (CBI) on August 17, 2022. This case concerned purported discrepancies in the Delhi Excise Policy for the 2021-22 period.
The CBI had officially recorded the matter following a formal grievance submitted by Delhi's Lieutenant Governor VK Saxena on July 20, 2022. Subsequently, the ED filed its own case under financial laws on August 22, 2022 against implicated individuals for alleged money laundering activities.
Kejriwal was eventually detained in the primary investigation phase and was ultimately provided bail by the Supreme Court, highlighting the prolonged legal battle surrounding this case.
Recent Court Proceedings and Defence Arguments
Last week, the Rouse Avenue Court reviewed preliminary arguments from representatives of Arvind Kejriwal regarding the potential framing of charges in the Delhi Excise Policy corruption case. Senior counsel N. Hariharan, representing Kejriwal, presented a robust defence challenging the prosecution's case.
Hariharan asserted that there is no incriminating evidence against his client and argued that the chargesheet submitted by the CBI is essentially a duplicate of previous chargesheets. He maintained that Kejriwal was merely fulfilling his official responsibilities as the chief minister during the period in question.
The senior counsel contended that Kejriwal was acting within his official capacity and noted there is no evidentiary link indicating that the leader requested any funds from the purported "south lobby" mentioned in the investigation.
Defence Challenges Prosecution Evidence
Notably, Kejriwal was absent from the initial charge sheet and the subsequent three updates. His involvement was only mentioned in the fourth supplementary filing, which the defence labelled as a "cut-and-paste" collection of claims against the AAP leader.
It was further argued that the core content of the fourth chargesheet matches the details found in earlier documentation, suggesting a lack of fresh evidence against Kejriwal. During the session, the senior counsel also discussed the authorisation for additional inquiries, emphasising that the necessity of further investigation must be scrutinised.
Hariharan stated that any new evidence presented should clearly demonstrate the accused's guilt and must be obtained with proper judicial approval. A Special Judge (CBI) examined the summary of these submissions and, following a request from the defence team, postponed the matter until February 7 for subsequent deliberation.
Senior advocate N. Hariharan appeared on behalf of former Delhi Chief Minister Arvind Kejriwal, while Additional Solicitor General DP Singh participated for the CBI via video link during these proceedings.
