NEW DELHI: The Delhi High Court on Thursday scheduled a hearing for September 9 on Chief Minister Arvind Kejriwal’s petition challenging the Enforcement Directorate (ED) summonses in the excise policy case.
A bench led by Justice Prathiba M Singh has granted Kejriwal an additional four weeks to file a rejoinder to the ED’s response. Senior counsel representing Kejriwal requested more time, citing changes in circumstances and the pending legal interview request in the high court.
“Let the rejoinder be filed in four weeks,” stated the bench, which also included Justice Amit Sharma.
In his petition, Kejriwal also questioned the constitutional validity of certain provisions of the Prevention of Money Laundering Act (PMLA), specifically regarding arrest, questioning, and bail. He raised concerns about whether the anti-money laundering law applies to political parties, alleging that the PMLA’s procedures were being used to unfairly influence general elections in favour of the ruling party.
The petition described Kejriwal as a “vocal critic” of the ruling party and a member of the opposition INDIA bloc, claiming the ED was being “weaponized” by the Union government.
Previously, ED counsel argued that the petition against the summonses became irrelevant after Kejriwal’s arrest on March 21 following the high court’s refusal to grant interim protection from coercive action.
On April 22, the court had allowed Kejriwal two weeks to file his rejoinder, and later in May, granted him an additional four weeks to submit his stance.
Kejriwal had approached the high court following the ninth ED summons, issued for him to appear on March 21. On March 20, the high court had directed the ED to respond to the petition’s maintainability and also address Kejriwal’s plea for protection from arrest, though it declined to grant interim relief. Kejriwal was arrested by the ED later that evening.
On June 20, the trial court granted bail to Kejriwal in the money laundering case but on June 25, the high court stayed the bail order following a challenge mounted by the ED.
On June 26, the Central Bureau of Investigation (CBI) arrested the Delhi chief minister in the excise policy related corruption case.
The federal probe agency has alleged that other accused in the case were in touch with Chief Minister Kejriwal for formulating the now-scrapped excise policy that resulted in undue benefits to them and kickbacks to the Aam Aadmi Party (AAP).
Also in High Court
HC upholds health warning on 50% area of pan masala packet
The Delhi HC has endorsed the regulation requiring pan masala manufacturers to display substantial health warnings on 50 per cent of their product packaging. Dismissing the arguments of pan masala companies, which contended that the regulation was detrimental to their business interests, the court emphasized that FSSAI regulation serves a critical public health purpose by raising awareness about the dangers of pan masala.
Judge recuses himself from hearing Yasin Malik case
Justice Amit Sharma of the Delhi High Court recused himself on Thursday from hearing the National Investigation Agency’s (NIA) appeal for a death penalty to separatist leader Yasin Malik, who faces charges under the Unlawful Activities (Prevention) Act (UAPA). The NIA’s appeal is now listed before a different bench on August 9. He recently stepped down from hearing bail pleas related to the 2020 Delhi riots as well.
HC judge applauds new criminal code
The High Court has lauded the recently enacted Bharatiya Nagarik Suraksha Sanhita. Justice Amit Mahajan underscored mandating the use of videography and photography during search and seizure operations. The praise came during hearing of a bail plea filed by Bantu, on allegations of supplying charas from Himachal Pradesh to Delhi but there were no witnesses, nor any recorded evidence.