Delhi HC to hear Arvind Kejriwal’s plea against ED summons in excise policy case on July 11

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain granted four weeks’ time to the Chief Minister to file his rejoinder to the ED's reply

Notably on May 10, the Supreme Court granted Kejriwal interim bail until June 1 (Photo/X/@AamAadmiParty

3 min readNew DelhiMay 15, 2024 06:39 PM IST First published on: May 15, 2024 at 06:39 PM IST

The Delhi High Court Wednesday listed in July Chief Minister Arvind Kejriwal’s plea against summons issued by the Enforcement Directorate (ED) in the excise policy case and on the validity and interpretation of certain provisions of the Prevention of Money Laundering Act.

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain granted four weeks’ time to the Chief Minister to file his rejoinder to the ED’s reply in the matter and listed it for hearing on July 11.

Appearing for the ED, advocate Zoheb Hossain submitted, “May I only say one thing. They (petitioner) will have to choose a forum where they are canvassing this issue.”

The division bench then orally said that it had gone through the order passed by the single judge bench of the high court – which had dismissed the Chief Minister’s plea challenging his arrest – adding that the single judge had already decided all the issues.

The bench then orally said to the senior counsel appearing for the Chief Minister, “You better take instructions…Nothing survives in this petition.”

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Meanwhile, senior advocate Vikram Chaudhary appearing for the Chief Minister said that the present plea was with respect to the “reading down” of the provisions of the PMLA has not been decided by the single judge bench.

“My prayers in this petition are entirely in a wider scope and context,” said Chaudhary.

The bench then said that the order passed by the single judge bench is under challenge before the Supreme Court. To this, Chaudhary said that the court may consider his submissions when the matter is argued.

The division bench of the High Court had on March 20 asked the ED to file its reply with respect to the maintainability of the petition. On March 21, the division bench had said that “at this stage”, it is “not inclined” to grant any interim relief to Arvind Kejriwal, while hearing his application seeking protection from any coercive action. Pursuant to the hearing, Kejriwal was arrested by the agency late in the evening of March 21 in the excise policy case.

Notably on May 10, the Supreme Court granted Kejriwal interim bail until June 1, the seventh and last phase of voting in the ongoing Lok Sabha elections, with certain conditions.

The plea before the High Court seeks that a section (2) (s) be declared as “ultravires, unconstitutional and arbitrary insofar to the extent that it is construed to include a political party within its ambit and sweep” or in alternative seeks reading down of the provision.

Among the various prayers made, the plea seeks setting aside of all proceedings against Kejriwal in the “capacity of National Convener of a Political Party/Chief Minister of the State” or in any other capacity arising out of and emanating from ED’s August 22, 2022 ECIR as well as all consequential proceedings emanating from it including the summons of February 29, March 16 and any further summons that may be issued to him.