Delhi Excise Policy Case: A Detailed Analysis of the Recent Developments and HC's Response to Kejriwal's Plea
In a significant development in the Delhi excise policy case, the High Court (HC) has asked the Enforcement Directorate (ED) to respond to a plea filed by Delhi Chief Minister Arvind Kejriwal challenging the summons issued to him. Justice Manoj Kumar Ohri has given the ED time to respond to Kejriwal's plea, while refusing to stay the trial in the criminal case. This article aims to provide a comprehensive analysis of the Delhi excise policy case and the recent developments in the HC.
Background of the Case
The Delhi excise policy case, also known as the "liquor scam," has been a major controversy in the national capital. The case involves allegations of corruption and irregularities in the implementation of the Delhi excise policy 2021-22. The policy was introduced by the Arvind Kejriwal-led Aam Aadmi Party (AAP) government with the aim of reforming the liquor industry and increasing revenue. However, the policy was allegedly marred by corruption and cronyism, leading to huge losses to the exchequer.
The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) have been investigating the case, and have filed several FIRs against top AAP leaders, including Deputy Chief Minister Manish Sisodia. Kejriwal's name has also cropped up in the investigation, and he has been summoned by the ED for questioning.
Kejriwal's Plea Challenging Summons
Kejriwal recently filed a plea in the HC challenging the summons issued to him by the ED. His counsel argued that the summons were issued without proper procedure and that the ED had not followed the law while issuing the summons. The counsel also argued that Kejriwal was not a "accused" in the case and was only a "witness."
The HC has now asked the ED to respond to Kejriwal's plea and has given the agency time to file its affidavit. The HC has also refused to stay the trial in the criminal case, observing that the trial court's order, which has been challenged by Kejriwal, is two months old and not a fresh order.
Justice Ohri's Order
In his order, Justice Ohri observed that the trial court's order was passed on September 22 and that it was not a fresh order. The judge also observed that Kejriwal had filed his plea on November 10, more than six weeks after the trial court's order. Justice Ohri said that Kejriwal had not explained the delay in filing his plea and that he had not provided any justification for seeking a stay on the trial.
The judge also rejected Kejriwal's contention that the ED had not followed the procedure while issuing the summons. Justice Ohri observed that the ED had followed the procedure laid down in the Prevention of Money Laundering Act (PMLA) and that the summons were issued after following the due process.
Implications of the HC Order
The HC order has significant implications for Kejriwal and the AAP government. While the HC has given the ED time to respond to Kejriwal's plea, the order refusing to stay the trial is a setback for the CM. The order also suggests that the HC does not find any merit in Kejriwal's plea challenging the summons.
The HC order is also likely to embolden the ED, which has been investigating the case for several months. The agency is likely to step up its investigation and may soon issue fresh summons to Kejriwal or other top AAP leaders.
What Next?
The next hearing in the case is likely to take place in the coming days, when the ED will respond to Kejriwal's plea. The HC may also hear the case on a daily basis, given the complexities involved and the high stakes.
Meanwhile, Kejriwal and the AAP government are likely to continue to protest the HC order and the ED's investigation. The AAP has been alleging that the BJP is behind the investigation and that the ED is being used to "harass" the AAP leaders.
However, the HC order has made it clear that the investigation will continue and that Kejriwal and other AAP leaders will have to cooperate with the ED. The HC order has also sent a strong message that the law will take its course and that no one is above the law.
Conclusion
The Delhi excise policy case has been a major controversy in the national capital, and the recent developments in the HC have added a new twist to the case. While Kejriwal and the AAP government have been protesting the ED's investigation, the HC order has made it clear that the investigation will continue and that the law will take its course.
The HC order has also sent a strong message that the judiciary will not intervene in the investigation unless there is a clear case of harassment or bias. The order has also made it clear that Kejriwal and other AAP leaders will have to cooperate with the ED and that they cannot use their position to evade the law.
In conclusion, the Delhi excise policy case is a complex and high-stakes case that has far-reaching implications for Kejriwal and the AAP government. The recent developments in the HC have added a new twist to the case, and the next few days are likely to be crucial in determining the course of the investigation.
