New Delhi, November 20 (IANS): Former Delhi Chief Minister Arvind Kejriwal has filed a petition in the Delhi High Court seeking a stay of hearing in the money laundering case related to the alleged liquor policy scam.
The Aam Aadmi Party (AAP) supremo submitted that the court had taken cognizance of the alleged offenses under the Prevention of Money Laundering Act (PMLA) without any prior sanction being obtained by the Enforcement Directorate (ED) for persecution.
Kejriwal’s plea added that the court should not have taken cognizance of ED’s prosecution complaint without sanction as he was holding a public office at the time of commission of the alleged money laundering offence.
Last week, the Delhi High Court agreed to hear a plea filed by Kejriwal challenging the maintainability of complaints filed by the Enforcement Directorate (ED) over non-compliance with summons issued to him in the liquor policy scam case .
A bench of Justice Manoj Kumar Ohri issued a notice and asked the Federal Anti-Money Laundering Agency to file its response.
Before his arrest on March 21, the ED moved a magisterial court and filed two complaints for non-compliance with the summons.
It said that if a high official like him were to disobey the law, it would set a wrong example for the common man.
The ED complaint added that CM Kejriwal at the time deliberately refused to obey the summons and kept giving “faint excuses”.
Responding to the ED’s complaint, the Additional Chief Metropolitan Magistrate (ACMM) of the Rouse Avenue Court has summoned Kejriwal.
Challenging the order, the AAP chief moved the sessions court against the above two complaints filed by the ED.
However, the sessions court on March 15 refused to grant a stay on the summons issued to Kejriwal by the ACMM.
Left with no immediate legal recourse, Kejriwal applied for bail and was granted bail of Rs 50,000 and a surety of Rs 50,000.
Before the Delhi High Court, Kejriwal challenged the decision of the sessions court dismissing his plea against the summons on the ED’s complaint.
Kejriwal submitted that when a summons was issued by an ED officer of the rank of deputy director, a complaint in a magisterial court could not have been filed by another ED officer of the same rank in view of Section 195 CrPC.
The Supreme Court had on September 13 granted bail to the former Delhi CM in connection with the corruption case filed by the Central Bureau of Investigation (CBI) in connection with the liquor policy case.
Earlier in July, the SC had ordered Kejriwal released on anticipatory bail in connection with the money laundering case filed by ED.