New Delhi, April 2 – The Delhi High Court on Thursday postponed the hearing on a petition filed by the Enforcement Directorate (ED) seeking to have certain adverse observations made against it by a trial court, which had acquitted 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 the respondents, including Kejriwal and Sisodia, a "final and last opportunity" to file their responses to the ED's petition.
Justice Sharma made it clear that if the responses are not filed by the next hearing date, the respondents' right to submit their responses would be closed, and the matter would proceed ex parte.
The matter has now been listed for further hearing on April 22.
This development comes after the High Court had previously postponed the hearing on March 19, allowing the respondents to submit their responses in the ED's petition seeking to delete 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 argued that the trial court made sweeping and unwarranted observations against it while acquitting the accused in the CBI case linked to the now-scrapped excise policy.
It was argued that such remarks were made without affording the Enforcement Directorate (ED) an opportunity to be 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 acquitted 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 being challenged.
Separately, the Delhi High Court is also seized of the CBI's revision petition challenging the acquittal 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, on Wednesday, the Delhi High Court issued a notice to Kejriwal in a petition 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 the issuance of a fresh notice, while also calling for the trial court record.
The ED has argued that the trial court erred in acquitting Kejriwal, arguing that the material on record clearly established that the summons issued under the PMLA were duly served and acknowledged.
The petition 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.