Delhi CM Arvind Kejriwal skips ED summons: Did he break the law, what happens next?

Delhi chief minister Arvind Kejriwal skipped the Enforcement Directorate (ED) summons and went to Madhya Pradesh for poll campaigning. The Aam Aadmi Party (AAP) supremo is slated to hold a roadshow in poll-bound MP’s Singrauli, along with Punjab chief minister Bhagwant Mann, reported the news agency ANI.

Kejriwal was summoned for questioning by the central investigating agency in connection with its money laundering probe into the alleged Delhi excise policy scam. Two senior AAP leaders, former Delhi deputy CM Manish Sisodia and Rajya Sabha MP Sanjay Singh, are already in jail in the now-scrapped liquor sales policy case.

How has Arvind Kejriwal responded to the summons? What can the ED do if someone disregards its request? Let’s understand better.

Kejriwal writes to ED

The Delhi chief minister wrote a letter to the ED on Thursday (2 November), lambasting what he called “illegal and politically motivated” summons.

Alleging that the notice was sent by the central agency “at the behest of the BJP (Bharatiya Janata Party)”, Kejriwal asked the ED to withdraw the summons “immediately”.

“The summon notice is illegal and politically motivated. The notice was sent at the behest of the BJP. Notice was sent to ensure that I am unable to go for election campaigning in four states. ED should withdraw the notice immediately,” PTI quoted his letter to the ED Assistant Director as saying.

केजरीवाल का ED को जवाब ‼️

👉 ED का नोटिस राजनीति से प्रेरित है, BJP ने नोटिस भिजवाया है

👉 केजरीवाल को चार राज्यों में चुनाव प्रचार करने से रोकने की मंशा से भेजा गया है गैरकानूनी नोटिस

👉 ED तुरंत BJP द्वारा भिजवाया गया यह नोटिस वापस ले pic.twitter.com/hYDeIxAGdW

— AAP (@AamAadmiParty) November 2, 2023

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He said that the “summons was leaked to select BJP leaders to malign my image and reputation”.

“The said summons does not specify whether I am being summoned as an individual or in my official capacity as Chief Minister of Delhi or as National Convenor of AAP and appears to be in the nature of a fishing and roving inquiry,” the Delhi CM further said in his two-page letter.

What can the ED do?

The ED is now expected to issue fresh summons to Delhi CM Kejriwal in the excise policy case. A person can reportedly ignore ED’s summons three times. After this, the ED can seek a non-bailable warrant (NBW) against the person, according to a report in NDTV. 

In case of a NBW, a person has to appear before the court at a specific time and date. However, if this order is ignored, then the individual can be arrested and produced before the court, the report added.

Meanwhile, Kejriwal has the option to challenge the ED summons in the court. He can also seek anticipatory bail, noted NDTV.

Political reactions as Kejriwal ignores ED’s summon

The Delhi CM skipped the ED questioning amid the AAP leaders expressing concerns about his possible arrest.

Addressing a press conference on Thursday, Delhi minister Saurabh Bhardwaj underlined the questions raised by the AAP convenor in his letter to the ED. “All this is nothing but a political conspiracy against Arvind Kejriwal; government is using ED and other agencies against the Opposition parties,” Bhardwaj said, as reported by News18.

#BreakingNews | #LiquorScam: 'All this is nothing but political conspiracy against Arvind Kejriwal; govt is using ED and other agencies against the opposition parties,' says Delhi Minister Saurabh Bhardwaj. Listen in!@GrihaAtul | #ArvindKejriwal | #AAP pic.twitter.com/4XVpHA0XCC

— News18 (@CNNnews18) November 2, 2023

The Delhi BJP leaders staged a protest at Rajghat demanding Kejriwal’s resignation over the excise policy case. “If not today, then tomorrow, he (Arvind Kejriwal) will have to appear (before the ED) and tell the truth. Truth always prevails. I personally request him to speak the truth all at once,” BJP leader Harsh Vardhan told PTI from the protest site.

Speaking to PTI, Congress leader Abhishek Dutt pointed out how Sonia Gandhi and Rahul Gandhi were summoned by the ED previously. “If the ED has summoned you, and you know you are right, then join the investigation. Rahul and Sonia Gandhi have done it in the past. Have the courage to fight BJP,” he added.

VIDEO | "If the ED has summoned you, and you know you are right, then join the investigation. Rahul and Sonia Gandhi have done it in the past. Have the courage to fight BJP," says Congress national secretary Abhishek Dutt on reports of Delhi CM Arvind Kejriwal not appearing… pic.twitter.com/kSLYmuAQbE

— Press Trust of India (@PTI_News) November 2, 2023

Which other politicians have skipped ED summons

Other Opposition leaders issued notice by the central agency in different cases have also failed to appear before.

Jharkhand chief minister Hemant Soren skipped the ED summons five times between August to October this year in connection with a money laundering probe in an alleged land scam. He moved the Jharkhand High Court against the summon on 23 September when the ED had issued its fourth notice to him, reported Hindustan Times (HT).

Trinamool Congress national general secretary Abhishek Banerjee skipped the ED summons in the alleged West Bengal school jobs scam on 3 October to take part in the party’s protest rally against the BJP-led Central government demanding the release of central funds allegedly owed to the state. The central agency then asked the politician to appear before its officers on 9 October. He had also ignored ED’s summons in June citing political engagements.

On 16 March, Bharat Rashtra Samithi (BRS) leader K Kavitha did not appear before the ED and sent her “authorised representative” instead. She was summoned by the central agency for questioning in the Delhi liquor policy case. As per NDTV, the ED then issued fresh summons for her to appear in person four days later.

With inputs from agencies