The Delhi High Court sought response of the Enforcement Directorate (ED) on maintainability of the plea lodged by Chief Minister Arvind Kejriwal challenging the summons issued to him by the investigation agency in relation to the alleged liquor policy scam.
A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain granted ED two weeks time to file the response. The court also granted one week time to CM Kejriwal to file a rejoinder. The matter is scheduled to be heard on April 22.
Additional Solicitor General SV Raju appeared for ED on advance notice and opposed the issuance of formal notice on the petition. The investigation agency contended that the petition is not maintainable and sought time to file response on the maintainability.
Appearing for Arvind Kejriwal, Senior Advocate Abhishek Manu Singhvi contended that one of the issues raised in the plea is whether a political party is covered under the PMLA as the same is not defined under the enactment.
The court verbally asked Senior Advocate Singhvi as to why don’t Arvind Kejriwal appear in response to the summons. Responding, the Senior Advocate submitted that the Chief Minister is not running away and will appear, provided he is granted protection and a no coercive steps order in his favour.
He added that the elections are round the corner and the nodal agency doesn’t clarify whether CM Kejriwal is being called as an accused or a suspect or witness. He concluded that the Chief Minister will appear and answer all the questionnaires but needs protection. The bench responded that if Kejriwal attends to the summons, then only he will come to know whether he is being called as an accused or a witness. To this, Senior Advocate Singhvi said that protection is required.
Justice Suresh Kait questioned what is preventing the Chief Minister from attending the call. He added that the ED doesn’t arrest people on the first or second day. When there are grounds, they record reasons and thereafter they do it, he concluded. Subsequently, Senior Advocate Singhvi then gave examples of arrest of other Aam Aadmi Party leaders, Manish Sisodia and Sanjay Singh in the case.
In addition, Arvind Kejriwal’s plea seeks to declare Section (2) (s) of PMLA as unconstitutional and arbitrary insofar that it is construed to include a political party within its ambit and sweep.