Dishonest conduct: ED to sessions court as Kejriwal seeks exemption from appearance

New Delhi: Additional Solicitor General SV Raju appearing for the Enforcement Directorate in the sessions court on Thursday opposed any interim relief in the form of exemption from the personal appearance of Delhi Chief Minister and Aam Aadmi Party chief Arvind Kejriwal in the special court on March 16.

Kejriwal’s lawyer Ramesh Gupta sought an exemption from the personal appearance of his client in the lower court which issued the summons on two complaints filed by the Enforcement Directorate for evading its summons in a money laundering case related to the alleged liquor scam.

ASG Raju in his submission said Kejriwal gave an assurance to the court that he will appear on March 16.

On February 17, he (Kejriwal) appeared through VC and gave an oral assurance that he will appear in person on March 16, ASG Raju said.

“Now a month later he comes and asks for exemption. He has suppressed this order. This is dishonest conduct on the face of it. Therefore, he is not entitled to interim relief," ASG Raju argued.

"He is saying that he is the Chief Minister and he claims to be representing aam aadmi. He is saying mujhe vipaasana ke lie jaana hain. Agar aam aadmi ye bolta toh hum allow karte? Nahi karte. (I cannot appear for questioning because I have to go for Vipassana. We would have not allowed if a common man would have said this). So called representative of aam aadmi, making excuses which are unheard of," ASG said.

"Today on a hyper technical ground, stay on proceedings is being asked at the last moment. The entire modus operandi was to move this court at the last moment, put pressure on court and say tomorrow I've to appear, grant me stay otherwise heavens are going to fall. Heavens didn't fall for so many days," ASG Raju said. 

The Special Judge Rakesh Syal adjourned the hearing to Friday. 

Kejriwal's second revision petition will be heard on Friday at 10 AM.

Kejriwal moved the sessions court against orders passed by Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra, who has directed Kejriwal to appear before the court on March 16.

The Enforcement Directorate (ED) had filed two complaints before the magisterial court seeking prosecution of Kejriwal for skipping multiple summons issued to him in the case.

The latest complaint pertains to the Aam Aadmi Party (AAP) national convenor not honouring summons number four to eight sent by the federal probe agency under Section 50 of the Prevention of Money Laundering Act (PMLA), the ED said.

The ED had earlier moved the magisterial court seeking Kejriwal's prosecution for not attending the first three summons issued to him in the money laundering case linked to the now-scrapped Delhi excise policy.

The court of ACMM Malhotra has listed the matter (regarding summons number one to three) for hearing on March 16 along with the other complaint.

Kejriwal has till date skipped eight summons issued by the agency, the ED said.