Delhi High Court Declines any "Interim Protection" to Kejriwal in the ED Liquor Policy Case

Senior Advocate Abhishek Manu Singhvi's pleas fail to move the the Bench. All eyes now on 21st March. Will he comply with the ninth summons from the Enforcement Directorate?

Delhi High Court's Response to Kejriwal's Challenge

A Division Bench of the Delhi High Court, today (20th of March) declined to provide any interim relief or protection to Delhi Chief Minister Arvind Kejriwal, following the initial hearing of a Civil Writ Petition filed by him. This new petition seeks to challenge the legality and validity of the summons issued to him by the Enforcement Directorate (ED) in relation to the Delhi Liquor Scam. Additionally, it disputes the constitutional validity of certain sections of the Prevention of Money Laundering Act, 2002 (PMLA) and raises the question of whether a registered and recognised political party falls within the scope and ambit of this legislation.

The Court directed the Enforcement Directorate to submit its reply on the maintainability and other aspects of Kejriwal's petition— without issuing a formal notice— and adjourned the matter to 22nd April, 2024.

ED's Stance on Petition's Maintainability

The ED has argued that the plea is not maintainable and has undertaken to submit a detailed reply on this assertion. This development followed a hearing by a Diviison Bench comprising Justices Suresh Kumar Kait and Manoj Jain, who decided against issuing a formal notice at this stage, given the ED's opposition.

Bench Inquires About Non-compliance with Summons

During the hearing, the Bench queried why Chief Minister Kejriwal, represented by Senior Advocate Abhishek Manu Singhvi, had not complied with the ED's summons requiring his personal appearance for interrogation. Singhvi voiced apprehensions about a potential arrest, declaring a willingness for Kejriwal to comply, conditional on assurances against arrest. The Bench emphasized Kejriwal's duty as a citizen to respond to the summons. However, referencing past instances where other AAP leaders were arrested after complying with ED summons, Singhvi highlighted Kejriwal's strong societal connections and his readiness to cooperate, underlining the importance of receiving protective guarantees against arrest.

ED's Assurance and Upcoming Proceedings

Representing the ED, Additional Solicitor General SV Raju asserted the agency's intention to challenge the petition's maintainability. The Court has granted the ED two weeks to file its response, with the case set for further hearing on April 22, 2024.

Focus on Kejriwal’s Anticipated Appearance

As the petition of Smt. K. Kavitha, presently detained in ED custody after her arrest, challenges her arrest's legality with a hearing set in the Supreme Court for the 22nd of March, all eyes are now on Arvind Kejriwal. There is heightened interest in whether he will voluntarily appear before the ED on the 21st of March. Speculation is rife about the actions the ED may consider if Kejriwal chooses to comply with the summons.

Only time will tell how the events unfold.