New Delhi: In a significant turn of events in the long-running Delhi Excise Policy case, the Enforcement Directorate (ED) informed the Delhi High Court on Thursday that it intends to challenge the acquittal of Aam Aadmi Party (AAP) supremo and former Delhi Chief Minister, Arvind Kejriwal. This development comes after a trial court recently cleared Kejriwal of charges related to "wilfully" skipping multiple summons issued by the central agency.
The matter was heard by a division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia. The court was informed of the ED’s decision to appeal just as Kejriwal’s legal team sought to withdraw a previous plea that had challenged the legality of those very summons.
The Core of the Dispute: Skipping the Summons
The controversy dates back to late 2023 and early 2024. Between November 2, 2023, and January 18, 2024, the Enforcement Directorate issued four separate summons to Arvind Kejriwal, asking him to join the investigation into the alleged money laundering side of the Delhi Liquor Policy scam.
Kejriwal, however, did not appear before the agency on any of those dates. Instead, he replied via letters, calling the summons "illegal," "politically motivated," and "vague." He argued that it was unclear whether he was being called as a witness or a suspect, and in what capacity—as the Chief Minister or as the National Convenor of AAP.
The ED did not take this lightly. The agency filed two formal criminal complaints against him at the Rouse Avenue Courts, alleging that his non-compliance was a deliberate attempt to obstruct a legal investigation under Section 174 of the Indian Penal Code (IPC).
On January 22, 2025, a trial court delivered a major win for Kejriwal by acquitting him in these cases. The court essentially found that the grounds for "wilful non-compliance" were not sufficiently established to warrant a criminal conviction.
This acquittal was the basis for Kejriwal’s counsel telling the Delhi High Court on Thursday: "We do not wish to press the plea challenging the summons further, as the trial court has already acquitted the leader in the cases registered for failing to appear."
With the underlying criminal complaints resulting in an acquittal, the challenge against the summons themselves became "infructuous" or redundant. The High Court allowed the withdrawal and dismissed the petition accordingly.
Representing the Enforcement Directorate, Additional Solicitor General (ASG) SV Raju made it clear that the agency does not accept the trial court’s acquittal. He informed the High Court that the ED is in the process of filing an appeal against the acquittal order.
The ED maintains that the Excise Policy was not just a policy failure but a deep-rooted conspiracy. The agency alleges that:
- The policy was designed to give a 12% profit margin to private wholesalers, a detail they claim was missing from official meeting minutes.
- A "South Group" of businessmen and politicians allegedly paid kickbacks of ₹100 crore to AAP leaders.
- These funds were purportedly used for election campaigning in Goa.
- Vijay Nair, a close aide, was allegedly acting as a middleman on behalf of Kejriwal and former Deputy CM Manish Sisodia.
To understand the weight of today’s development, one must look at the rollercoaster of legal battles Kejriwal has faced over the past year:
- March 21, 2024: Kejriwal was arrested by the ED from his residence after the High Court refused to grant him interim protection from arrest.
- June 20, 2024: A vacation judge at the Rouse Avenue Courts, Judge Niyay Bindu, granted him regular bail, noting a lack of direct evidence.
- June 2024 (Days later): The Delhi High Court stayed the bail order after an urgent challenge by the ED.
- July 2024: The Supreme Court granted Kejriwal interim bail while referring the question of the "legality of his arrest" to a larger bench.
- January 2025: The trial court acquits him in the summons-skipping case, leading to the ED's current intent to appeal.
For our readers, it is important to distinguish between the two types of cases Kejriwal is facing:
- The Main Case: This is the investigation into money laundering (PMLA). This is where the allegations of kickbacks and "scams" lie. Kejriwal is currently out on bail in this matter.
- The Summons Case: This was a "side case" regarding his refusal to show up for questioning. While this doesn't prove guilt in the main scam, a conviction here would have been a major political and legal embarrassment.
The legal spotlight now shifts to the Appellate Court where the ED will file its challenge. If the acquittal is overturned, Kejriwal could face penalties for skipping the summons. However, for now, the AAP leadership is viewing the trial court's acquittal as a validation of their stand that the summons were technically flawed.
The Delhi High Court’s decision to let Kejriwal withdraw his plea means the focus returns entirely to the merits of the ED's upcoming appeal. As the Delhi elections approach, these legal developments are likely to carry significant political weight.
The case of Arvind Kejriwal v. Enforcement Directorate continues to be a landmark in Indian legal history, testing the limits of an investigative agency's powers to summon a sitting Chief Minister and the rights of the individual to challenge the nature of such summons. While Kejriwal has won this round regarding the summons, the ED’s move to appeal ensures that the legal battle over the "Liquor Policy Scam" is far from over.
Stay tuned to our portal for the latest updates, detailed orders, and expert legal analysis on this developing story.