{As we foresaw} ED Files Section 174 IPC Criminal Complaint Against Kejriwal

A Fresh Criminal Complaint Case before the Judicial Magistrate on account of his repeated non-compliance with the ED summons

ED Files Section 174 IPC Criminal Complaint

The Enforcement Directorate (ED) today took a significant step by filing a fresh criminal complaint against Delhi Chief Minister Arvind Kejriwal under Section 174 of the Indian Penal Code (IPC) read with Section 63(4) of the Prevention of Money Laundering Act, 2002 (PMLA), under the provisions of section 190 (1)(a) CrPC read with section 200 Cr.P.C, “for non-attendance in compliance of Section 50, PMLA". The case was briefly argued by the Additional Solicitor General SV Raju before the learned Magistrate.

This legal action comes in response to Kejriwal's repeated non-compliance with five successive summons issued by the ED in the Delhi Excise Policy money laundering investigation/inquiry.

New Case Details

The new matter concerning Kejriwal's non-compliance was filed before Additional Chief Metropolitan Magistrate Divya Malhotra at the Rouse Avenue Courts today. It's crucial to highlight that this is a separate legal proceeding, entirely distinct from the main ongoing case in the Special PMLA Court. The next hearing for this matter is set for February 07, during which the Magistrate will deliberate on whether to summon Arvind Kejriwal as an accused in this particular case. However, before making this decision, the Court may require certain ED officials to provide their testimony under oath on behalf of the complainant/prosecution.

Distinct Legal Process

In our previous article titled "Kejriwal Skips Fifth ED Summons: Can ED Invoke Section 174 IPC?" published yesterday, we had already pointed out the possibility of the ED considering this legal avenue. We had discussed in detail the provision of Section 174 IPC, which deals with non-attendance, effectively in disobedience to an order from a public servant. Those desirous of having a more comprehensive legal view may like to follow the above link to this article.

Section 174 IPC Explained

Section 174 IPC states that anyone legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation from a competent public servant but intentionally omits to attend or departs prematurely may face simple imprisonment for up to one month, a fine of up to five hundred rupees, or both. In cases where the summons is for a Court of Justice, the penalty may extend to six months of simple imprisonment, a fine of up to one thousand rupees, or both.

Potential Conviction, even if it is just fine

The ED's move to file a criminal complaint under Section 174 IPC is a distinct step from any supplementary criminal complaint that may be filed in the Special PMLA Court under relevant sections of the PMLA, 2002. This approach could result in a shorter legal procedure, and there would be no other co-accused in this case.

Conclusion: Legal Stalemate Breaks

While the ED's action may appear to center around a relatively minor offense, it introduces yet another legal challenge for Arvind Kejriwal in light of his continued absence in the ongoing ED investigation/inquiry. This development indicates that the prolonged legal standoff is nearing a resolution, with the wheels of justice starting to turn, albeit at a measured pace. It adds an additional layer of complexity to Kejriwal's political journey.