New Delhi: Delhi chief minister Arvind Kejriwal has moved a Delhi sessions court against the summons issued to him by the additional chief metropolitan magistrate, barely a few days before he is to make a physical appearance before the magisterial court over a complaint of non-compliance filed against him by the Enforcement Directorate (ED).
ED had approached the magistrate court on February 3 and March 6 with a complaint seeking initiation of proceedings against Kejriwal under Section 174 of the Indian Penal Code (IPC) for not appearing before investigators despite repeated summons issued to him under the Prevention of Money Laundering Act (PMLA) in connection with the Delhi excise policy case.
As per Section 174 of the IPC, a person not appearing despite summons issued by a public servant shall be punished with imprisonment up to one month and a fine of ₹500.
The federal investigating agency has so far issued eight summons to Kejriwal — March 4, February 26, February 19, February 2, January 18, January 3, and December 22 and November 2 last year — asking him to join the investigation into an alleged money laundering case related to the Delhi liquor excise policy case.
Additional chief metropolitan magistrate (ACMM) Divya Malhotra had on the first complaint, which was filed after he skipped five summons, directed him to appear physically before the court on February 17. However, the Delhi CM appeared via video conference and submitted that he could not physically present himself due to the then ongoing Delhi budget session and the confidence motion in the House.
On his request, Malhotra granted Kejriwal exemption from personal physical appearance on the day and listed the matter for hearing on March 16. In the meantime, the ED approached the court with a second complaint after he skipped three more summons.