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Delhi HC asks ED to respond to Kejriwal’s plea challenging summons

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Delhi HC asks ED to respond to Kejriwal’s plea challenging summons

AAP leader has challenged a trial court’s September 17 order rejecting his plea challenging the summons issued to him on ED’s complaint in a money laundering case related to the alleged Delhi excise scam

The Delhi High Court on Tuesday asked the Enforcement Directorate to file reply to a plea by Aam Aadmi Party leader Arvind Kejriwal challenging the summons issued to him in a money laundering case related to the alleged Delhi excise scam.

Mr. Kejriwal has challenged a trial court’s September 17 order rejecting his plea challenging the summons issued to him on ED’s complaint.

Justice Manoj Kumar Ohri declined to entertain the former Chief Minister’s plea to stay the trial in the case.

The ED’s counsel raised a preliminary objection on the maintainability of the petition on the ground that the grounds raised in this petition were identical to the one filed before the trial court.

Mr Kejrwal’s counsel questioned the maintainability of the ED’s complaint on the grounds that while summons were issued by one officer, the complaint was filed by another officer.

The counsel contended that when summonses were issued to the AAP leader by one ED officer of Assistant Director rank, the complaint could not have been filed by another ED officer of the same rank.

The counsel said the officer, who had signed the summonses, was available but still the complaint was filed in the court by another officer.

“He [Mr. Kejriwal] has served the period for which they [ED] can punish him. Three summons were issued by one Joginder Singh, who is Assistant Director of ED. But the complaint was filed by another Assistant Director… The challenge is with respect to whether he could have filed the complaint,” the counsel said.

The High Court has posted the case for further hearing on December 19.

The AAP leader had moved the sessions court against an order passed by a magisterial court directing him to appear before it on the ED’s complaint. The ED had filed complaints before the magisterial court seeking prosecution of Mr. Kejriwal for skipping multiple summonses issued to him in the case linked to the now-scrapped Delhi excise policy.

The Supreme Court on July 12 had granted interim bail to Mr. Kejriwal in the money laundering case. He was later released on bail in the CBI case on September 13 by the Supreme Court.

Published – November 13, 2024 12:26 am IST

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