Delhi court acquits Arvind Kejriwal in non-compliance of summons in excise policy case

The court refused to consider email service a valid or legal method of serving Summons.

The court held that the ED failed to prove that the summons was served properly. It also failed to show that Kejriwal intentionally avoided the summons.

Additional Chief Judicial Magistrate (ACJM) Paras Dalal acquitted Kejriwal after considering the evidence and submissions of counsel.

The court also acquitted Aam Aadmi Party (AAP) MLA Amanatullah Khan in one such case and discharged him in another similar matter linked with the investigation of the Delhi Waqf Board money laundering case.

ED had filed four complaints against Kejriwal and Amanatullah Khan in 2024, alleging that they avoided the summons issued to them to join the investigation in the respective cases.

The court said that the complainant (ED) has failed to prove due service of summons against the accused in the absence of a supporting affidavit under the Evidence Act.

The court also said that the complainant had failed to prove its case beyond a reasonable doubt. There are procedural, legal, and factual challenges to the complainant's case, which do not allow this court to arrive at a conclusion of culpability of the accused.

"Even for the sake of argument, the legal requirement under the rules of evidence is disregarded, the service by email is not valid or legal under the CrPC or the PMLA," ACJM Dalal said in the judgement.

The court also dealt with the allegations of willful disobedience by Arvind Kejriwal and said, "The next challenge was to prove the accused's intentional disobedience, which the complainant has not proved beyond a reasonable doubt."

"This Court is of the considered opinion that the prosecution has failed to prove its case beyond a reasonable doubt and the accused person is entitled to be exonerated of the charge against him in the present case. Accordingly, the accused Sh. Arvind Kejriwal is hereby acquitted of the offence punishable under Section 174 IPC," ACJM ordered.

While discharging MLA Amanatullah Khan, the ACJM Paras Dalal said, "This Court is of the considered opinion that the complainant has failed to prima facie show the ingredients of the alleged offence, and that the allegations are groundless."

"Accordingly, the accused Amantullah Khan is hereby directed to be released as per the proviso to Section 274 of the BNSS, the effect of which is discharge in the eyes of the law," the court held.

Senior advocate N Hariharan and Rebecca John appeared for Arvind Kejriwal. Advocate Rajat Bhardwaj had appeared for Amanatullah Khan.

On the other side, Special public prosecutors N K Matta, Simon Benjamin alongwith Faizan Khan appeared for the Enforcement Directorate. (ANI)