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New Delhi, Aug 10 (PTI) The Delhi High Court on Monday gave four weeks to former chief minister Arvind Kejriwal to respond to ED pleas challenging his acquittal in two cases for not appearing before the agency despite summonses being issued in connection with the excise policy case.
Kejriwal's lawyers appeared before Justice Manoj Jain and submitted that they have filed a 'vakalatnama' in the case on behalf of the AAP leader.
A 'vakalatnama' is the document empowering a lawyer to act for and on behalf of his client.
"We have filed the vakalatnama today. We will file a detailed reply. There is an acquittal order," Kejriwal's lawyer submitted.
Indicating that the Enforcement Directorate's (ED) petitions assailing the trial court's January 22 decision on acquittal would be listed in September for the next hearing, Justice Jain said, "Reply to be filed in four weeks." The bench also said it was likely to list in September the ED's 2024 petition challenging a trial court order granting bail to Kejriwal in the excise policy-linked money laundering case.
Additional Solicitor General S V Raju, appearing for the ED, stated that the case ought to be adjourned for a "long period" as the issue of Kejriwal's interim bail was pending in the Supreme Court.
On July 12, 2024, the top court had granted interim bail to Kejriwal in the money laundering case while referring to a larger bench three questions on the aspect of "need and necessity of arrest" under the Prevention of Money Laundering Act (PMLA).
On June 20, 2024, Kejriwal was granted bail by a trial court on a personal bond of Rs 1 lakh, which was subsequently stayed by the high court on the ED's petition.
In the summons cases, the agency alleged in its complaint in the trial court that the former chief minister intentionally omitted to obey them by not responding to summonses and did not join the probe.
It also alleged that Kejriwal raised frivolous objections and deliberately created grounds for not joining the probe.
In its decision, the trial court, however, said that the ED failed to prove that Kejriwal intentionally disobeyed the summonses issued to him.
"Neither the service of summons through emails has been proved by the ED... nor the process of issuing summons to any person under Section 50(2) of the Prevention of Money Laundering Act (PMLA) via email has been proved to be in accordance with the law," the trial court held.
Kejriwal is presently on interim bail in the money laundering case, with the Supreme Court referring questions on the aspect of the "need and necessity of arrest" under the PMLA to a larger bench for an in-depth consideration.
On February 27, the trial court discharged Kejriwal, Sisodia and 21 others in the liquor policy case, saying the CBI case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
The CBI's plea against the discharge is pending in the high court. PTI ADS DIV DIV