Former Delhi Chief Minister Arvind Kejriwal has petitioned the Delhi High Court seeking a stay on trial in the money laundering case linked to the alleged liquor policy scam.
The Aam Aadmi Party (AAP) supremo contended that the trial court took cognizance of the alleged offences under the Prevention of Money Laundering Act (PMLA) without any prior sanction having been obtained by the Enforcement Directorate (ED) for prosecution.
Kejriwal’s plea added that the trial court should have not taken cognizance on ED’s prosecution complaint without sanction since he held a public office at the time of the commission of the alleged money laundering offence.
Last week, the Delhi High Court agreed to examine a plea filed by Kejriwal challenging the maintainability of complaints filed by the Enforcement Directorate (ED) over non-compliance with summons issued to him in the liquor policy scam case.
A Bench of Justice Manoj Kumar Ohri issued a notice and asked the federal anti-money laundering agency to file its response.
Before his arrest on March 21, the ED moved a magisterial court, filing two complaints over non-compliance with its summons.
It said that if a high-ranking public functionary like him disobeyed the law, it would set a wrong example for the common man.
The ED’s complaint added that then CM Kejriwal intentionally did not want to obey the summons and kept on giving “lame excuses”.
In response to the ED’s complaint, the Additional Chief Metropolitan Magistrate (ACMM) of the Rouse Avenue Court issued a summons to Kejriwal.
Challenging the order, the AAP chief moved the sessions court against the two above-mentioned complaints filed by the ED.
However, the sessions court on March 15 refused to grant a stay on the summons issued to Kejriwal by the ACMM.
Left with no immediate legal remedy, Kejriwal applied for bail and was granted relief on a bail bond of Rs 50,000 and a surety of Rs 50,000.
Before the Delhi High Court, Kejriwal has challenged the sessions court decision rejecting his plea against the summons issued on the ED’s complaint.
Kejriwal contended that when summons were issued by one ED officer of Assistant Director rank, a complaint before a magisterial court could not have been filed by another ED officer of the same rank in view of Section 195 CrPC.
The Supreme Court, on September 13, had granted bail to the former Delhi CM in connection with the corruption case lodged by the Central Bureau of Investigation (CBI) linked to the liquor policy case.
Earlier in July, the SC had ordered Kejriwal to be released on interim bail in connection with the money laundering case filed by ED.
