Delhi High Court Delays Hearing on ED's Plea Against AAP Leaders in Excise Policy Case

Court Postpones ED's Request for Expunging Observations

New Delhi: The Delhi High Court has postponed the hearing regarding a petition from the Enforcement Directorate (ED) that seeks to remove certain negative remarks made by a trial court while discharging all accused, including AAP leaders Arvind Kejriwal and Manish Sisodia, in the excise policy case.

Justice Swarana Kanta Sharma, presiding over a single-judge bench, provided a 'final opportunity' for the respondents, including Kejriwal and Sisodia, to submit their responses to the ED's request.

Justice Sharma emphasized that failure to submit replies by the next hearing date would result in the respondents losing their chance to respond, and the case would proceed without their input.

The next hearing is scheduled for April 22.

This decision follows a previous postponement on March 19, which allowed the respondents time to file their replies regarding the ED's request to delete specific parts of the February 27 ruling from the Rouse Avenue Court.

The ED, represented by Additional Solicitor General S.V. Raju and special counsel Zoheb Hossain, argued that the trial court made broad and unjustified comments against it while discharging the accused in the CBI case related to the now-repealed excise policy.

They contended that these remarks were made without giving the ED a chance to be heard, despite the trial court proceedings being focused solely on the corruption case initiated by the Central Bureau of Investigation (CBI) and not on offenses under the Prevention of Money Laundering Act (PMLA).

In its February 27 ruling, the trial court discharged 23 accused, including Kejriwal and Sisodia, in the CBI corruption case while also making certain remarks against the ED, which are now being contested.

Additionally, the Delhi High Court is reviewing the CBI's revision petition that challenges the discharge order, having stayed some of the trial court's directives, including those concerning actions against a CBI officer and comments about the investigation agency.

In another related matter, the Delhi High Court issued a notice to Kejriwal on an ED petition contesting his acquittal in cases linked to alleged non-compliance with summons related to the excise policy money laundering issue.

Justice Sharma noted that despite prior notice, Kejriwal did not appear and ordered a new notice to be issued while requesting the trial court's records.

The ED claims that the trial court made an error in acquitting Kejriwal, asserting that the evidence clearly showed that the summons issued under the PMLA were properly served and acknowledged.

This case stems from complaints filed by the ED alleging intentional non-compliance with several summons issued to Kejriwal under Section 50 of the PMLA.

Previously, a trial court had acquitted him, stating that the evidence did not justify prosecution.