Excise 'scam': After questions on Arvind Kejriwal’s non-appearance before ED, Supreme Court to resume hearing on his plea today

Tribune News Service

Satya Prakash

New Delhi, April 30

Questioning Delhi CM Arvind Kejriwal’s non-appearance before the Enforcement Directorate (ED) despite repeated summonses, the Supreme Court on Monday wondered if he could challenge his arrest in a money laundering case linked to the Delhi excise policy scam on the ground of non-recording of his statement.

As the arguments remained inconclusive, the Bench would resume the hearing today.

Contradiction

The SC says Delhi CM Arvind Kejriwal is contradicting himself by claiming that his statements weren’t recorded. At the same time, he doesn’t appear on summons, the top court notes.

“Are you not contradicting yourself by saying that his (Kejriwal’s) statements under Section 50 of the Prevention of Money Laundering Act (PMLA) were not recorded? You don’t appear on summons for recording of statements and then you say it was not recorded,” a Bench led by Justice Sanjiv Khanna told senior counsel AM Singhvi, who represented the Delhi CM.

Section 50 of the PMLA relates to ED authorities’ powers to issue summons; and production of documents, evidence; and other materials.

“If you don’t go for recording of section 50 statements, then you can’t take the defence that his statement was not recorded,” said, the Bench which also included Justice Dipankar Datta.

The top court wondered what the investigating officer was supposed to do if the accused didn’t appear despite several summonses issued to him. It also sought to know why Kejriwal didn’t apply for bail before the trial court.

Kejriwal was arrested by the ED on March 21 after the Delhi High Court refused to grant him protection from coercive action by the probe agency in the money laundering case. The Delhi High Court had on April 9 dismissed his petition challenging his arrest by the ED, saying there was “enough material” which justified his arrest.

Singhvi pointed out that on April 16, 2023, Kejriwal appeared before the CBI in connection with the case and answered all the queries.

“Today, you cannot say that we will arrest you because you did not appear on summons. Non-cooperation cannot be a ground for criminality or grounds of arrest. This court has last year held that non-cooperation cannot be a ground of arrest under the PMLA,” Singhvi said.

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