The Delhi High Court on Tuesday sought reply from the Enforcement Directorate (ED) on Arvind Kejriwal's plea challenging the summons issued to him by the ED in connection with the Delhi Liquor policy case and Delhi Jal Board Case. ASG SV Raju appearing for the ED told the court that Kejriwal's pleas are not maintainable. 


During the hearing, the bench asked Senior Advocate Abhishek Manu Singhvi appearing for Kejriwal as to why he is not appearing before the agency for questioning. 


Singhvi said that they apprehend that ED will arrest him and Kejriwal will appear if he is given protection.


"You are citizen of the country, the summons is by name only. Why don't you appear," the bench asked. Singhvi however, told the court that AAP leaders Manish Sisodia and Sanjay Singh were also arrested by the agency in similar manner.


A division bench of Justices Suresh Kumar Kait and Manoj Jain passed the order but did not issue a formal notice.


Challenges By Arvind Kejriwal To ED Summons, PMLA In Delhi HC


In his writ petition filed before thet high court Kejriwal has challeneged several provisions of PMLA and raised several "substantial questions of law."


First of all he has raised the question whether a ‘political party’ can be construed under PMLA. He contends that once a ‘political party’ duly registered with the Election Commission of India under Section 29-A of The Representation of the People Act, 1951, under no circumstances could it be brought within the purview of PMLA on an assumption that it would be covered in Clause (vi) of Section 2(1)(s) of PMLA.


He has also challeneged ED's powers to summon under Section 50. "Whether such summons issued under Section 50 that does not even reveal as to whether the person summoned is a witness, suspect or accused arbitrarily and illegally coerce such person to suffers from constant threat of arrest during the course of recording of his statement, while he does not even know whether he is summoned as a witness, suspect or an accused, disabling him from exercising his constitutional protections?"

He further asks the court whether a person can be arrested by ED when admittedly as per ED at the time of summoning – such person is not an accused of offence. "Moreover, whether arrest immediately at the conclusion recording of Section 50 would be justified under Section 19 of PMLA if such person is not an accused, since as per Section 19 the Arresting Officer has to record a "reasons to believe" that the arrested person is guilty of an offence. Whether such procedure of arrest taking away liberty of a person is not recognized by law, and is also violative of principles as enshrined under Articles 14, 19 and 21 of Constitution of India."


On the question of bail, Kejriwal's petition raises question as to whether rigors of the Section 45 would come into play only when ED objects to the grant of bail, and therefore it gives an arbitrary and discriminatory power- to either oppose the grant of bail or not oppose the grant of bail. "Whether such powers are excessive and arbitrarily as such powers are being exercised by the ED to coerce and pressurise co-accused/persons into making false and contradictory statements under Section 50 PMLA as per diktats of ED -in lieu of ED not opposing their bail as per Section 45 PMLA." the petition reads.


Kejriwal further states whether this is unholy amalgamation of excessive powers to illegally persecute and implicate opposition leaders as per the direction of ruling party that controls ED is violative of principles as enshrined under Articles 14, 19 and 21 of Constitution of India.


Kejriwal has also contended that provisions of PMLA are being used to persecute and destroy the very basic fabric of the democratic and federal structure of this country. "The attempt is to decimate a political party and topple an elected government of NCT of Delhi. Various other senior leaders of the political party who have been arrested by the Enforcement Directorate (“ED”) by using such unconstitutional provisions of the PMLA. The Petitioner, who is the National Convenor of the said political party, is also sought to be roped in by way of issuance of summon dated 26.02.2024 and16.03.2024 (“impugned Summon”) under Section 50 of PMLA for an appearance on 04.03.2024."


Kejriwal Targetted As He Is A Vocal Critic Of BJP And His Role As Partner In INDIA


Kejriwal's petition says that he is a Ramon Magsaysay award winner, and is known for his social work and is a 3 time elected Chief Minister of NCT of Delhi.


He says that the present petition is being filed in "extremely urgent and emergent circumstances" where such arbitrary procedure under PMLA is sought to be employed to create a non-level playing field for the impending the general elections scheduled to be held from 19th April 2024 and to skew the electoral process in the favour of the ruling party at the Centre that controls the ED through Ministry of Finance.


"That said action is being taken in view of Petitioner’s role as a vocal critic of the ruling party and his role as an opposition leader and partner of INDIA alliance contesting General Election to be held next year," the petition reads.