New Delhi: The Delhi High Court Thursday deferred the hearing on a plea filed by the Enforcement Directorate (ED) seeking the expunging of certain adverse observations made against it by a trial court while discharging all accused, including AAP leaders Arvind Kejriwal and Manish Sisodia, in the excise policy case.
A single-judge Bench of Justice Swarana Kanta Sharma granted a “last and final opportunity” to the respondents, including Kejriwal and Sisodia, to file their replies to the ED’s plea.
Justice Sharma made it clear that if the replies are not filed by the next date of hearing, the respondents’ right to place their responses on record would stand closed, and the matter would proceed ex parte.
The matter has now been listed for further hearing April 22.
The development comes after the High Court had earlier deferred the hearing March 19, allowing time to the respondents to place their replies on record in the ED’s plea seeking deletion of certain portions of the February 27 order passed by the Rouse Avenue Court.
The federal anti-money laundering agency, represented by Additional Solicitor General S.V. Raju and special counsel Zoheb Hossain, has contended that the trial court made sweeping and unwarranted observations against it while discharging the accused in the CBI case linked to the now-scrapped excise policy.
It was argued that such remarks were recorded without affording the Enforcement Directorate (ED) an opportunity of being heard, even though the proceedings before the trial court pertained solely to the corruption case lodged by the Central Bureau of Investigation (CBI) and not to offences under the Prevention of Money Laundering Act (PMLA).
The trial court, in its February 27 order, had discharged 23 accused, including Kejriwal and Sisodia, in the corruption case investigated by the CBI, while also making certain observations against the ED, which are now under challenge.
Separately, the Delhi High Court is also seized of the CBI’s revision petition challenging the discharge order, in which it has stayed certain directions of the trial court, including those relating to action against a CBI officer and remarks against the probe agency.
Meanwhile, in a related development, the Delhi High Court on Wednesday issued notice to Kejriwal on a plea filed by the ED challenging his acquittal in complaint cases linked to alleged non-compliance with summons issued in the excise policy money laundering matter.
Taking note of the submissions made by the ED, Justice Sharma observed that despite advance service of notice, there was no appearance on behalf of Kejriwal and directed issuance of a fresh notice, while also calling for the trial court record.
The ED has contended that the trial court erred in acquitting Kejriwal, arguing that the material on record clearly established that the summons issued under the PMLA was duly served and acknowledged.
The plea arises from complaint cases filed by the ED alleging deliberate non-compliance with multiple summons issued to Kejriwal under Section 50 of the PMLA.
Earlier, a trial court had acquitted him, holding that the material on record did not warrant prosecution.
