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What's happening between Arvind Kejriwal and the Enforcement Directorate?

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Dristi Sharma
Dristi SharmaNov 02, 2023 | 13:57

What's happening between Arvind Kejriwal and the Enforcement Directorate?

Delhi Chief Minister Arvind Kejriwal will not appear before the Enforcement Directorate (ED) today. Photo: dailyO

It appears that the ongoing feud between the Aam Admi Party and the Enforcement Directorate (ED) shows no sign of abating. In the most recent development, the ED summoned the Chief Minister of Delhi, Arvind Kejriwal, to which he responded with a letter declining the summons, citing the necessity to travel for political campaigning in the lead-up to Diwali.

The latest developments

Arvind Kejriwal, the Chief Minister of Delhi, will not be appearing before the Enforcement Directorate (ED) as planned today. Instead, he will be participating in a roadshow alongside Punjab Chief Minister Bhagwant Mann in Singrauli, Madhya Pradesh.

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In his statement, he asserted, "As the National Convener and a star campaigner of the AAP, I am required to travel for campaigning and to provide political guidance to my field workers of AAP. As the CM of Delhi, I have governance and official commitments, particularly with Diwali approaching...Please recall the said summons, which is, to say the least, vague and motivated and unsustainable in law."

Why was Kejriwal summoned?

The ED summoned Kejriwal for questioning in a money laundering case related to the alleged excise policy scam.

This case also resulted in the denial of bail to Delhi's former Deputy Chief Minister and Aam Aadmi Party (AAP) leader, Manish Sisodia, by the Supreme Court.

AAP's stance 

The AAP has claimed that the central government is orchestrating the ED's notice, alleging that "the notice from the ED is politically motivated, sent by the BJP."

Raghav Chadha, a senior member of the AAP, expressed concerns that "agencies of the BJP" are plotting to arrest Arvind Kejriwal.

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Delhi has 7 Lok Sabha seats. We all know that if the INDIA bloc contests the Lok Sabha elections, BJP is going to lose all seven seats of Delhi. This has made the ruling party so fearful that it is now planning to arrest the opposition leader and first on the list is Arvind Kejriwal 
-  Raghav Chadha

He added, "The BJP's plan is to put Arvind Kejriwal behind bars and win 7 Lok Sabha seats in Delhi."

BJP's position

On the other hand, Harish Khurana, a member of the Bharatiya Janata Party, stated, "The law is doing its work. The ED has summoned him under the law.

Two days ago, the Supreme Court observation regarding Manish Sisodia's bail stated that there is a money trail of Rs 338 crore. Arvind Kejriwal has to answer this because it is not possible that there is a money trail and he is not aware of it."

Details of the Excise Policy Case

  • Delhi introduced a new liquor policy in November 2021, replacing government-owned outlets with private liquor stores.
  • The government claimed this policy aimed to combat black market activities, increase revenue, and benefit consumers.
  • Private liquor stores were allowed to operate after midnight and offer unlimited discounts, leading to increased sales and a 27% rise in government revenue.
  •  It also proposed a hike in the liquor vending licence fee from Rs 8 lakh to Rs 75 lakh a year.
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  • The BJP opposed the policy, accusing the government of promoting a "liquor culture" and expressing concerns about liquor stores in residential areas.
  • Delhi's Chief Secretary, Naresh Kumar, released a report and alleged rule violations in the new policy, including "undue benefits" to liquor sellers and a significant rebate during the COVID-19 pandemic. 
  • How much was the "undue benefit" you ask? ₹ 144 crore, according to Naresh Kumar, in liquor licence fees.
  • The Lieutenant Governor requested a CBI investigation, intensifying criticism from the BJP, and the government eventually withdrew the policy in July 2022.
  • More than 400 newly opened liquor stores had to close, and liquor sales returned to government control. 

The turbulence for AAP

1. But if you think, things ended here, then you're wrong. This is just the beginning... 

In August 2023, the Central Bureau of Investigation (CBI) initiated a case against Manish Sisodia, and 15 others including former excise officials, and business figures.

2. Following the CBI's case,  Manish Sisodia, who had served as the Deputy Chief Minister and excise minister, was arrested in February 2023 by the ED.

He then resigned from the Delhi cabinet as a result of these legal proceedings.

3. Sisodia sought bail in both the CBI and Enforcement Directorate (ED) cases, but his bail applications were denied by the Delhi High Court. The court considered him a "high-profile" individual with the potential to influence witnesses.

4. When Sisodia appealed the high court's decision to the Supreme Court, the Supreme Court also rejected his plea recently. As a result, he remains in custody.

5. But he was not alone, in October 2023, Sanjay Singh, a member of the Aam Aadmi Party (AAP) in the Rajya Sabha, was arrested in connection with the excise policy case (by the ED). However, Sanjay cited that it was political motives behind his arrest.

Similar to Sisodia, the Delhi High Court refused to provide relief, citing a lack of evidence to substantiate his claims. Singh is presently in judicial custody, with the court scheduled to review the necessity of his continued custody on November 10.

6. And now, it looks like the ED wants to talk to Kejriwal regarding the excise scam, and well Kejriwal does not. Btw, Arvind Kejriwal was previously summoned by the CBI in April 2023.  

How long can Kejriwal avoid the ED?

  •  An individual can ignore an ED summons three times.
  • After that, ED can issue a non-bailable warrant which can force Arvind Kejriwal to appear before the court at a specific time and date.
  • If he denies that also, he can be arrested and brought before the court. 
Last updated: November 02, 2023 | 13:58
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