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New Delhi: Arvind Kejriwal moves sessions court challenging summons
During the hearing, senior advocate Ramesh Gupta, appearing for Kejriwal, urged the court to stay the magisterial court's first order
New Delhi : A Delhi sessions court will resume hearing on Friday arguments on an application filed by Chief Minister Arvind Kejriwal challenging a lower court's summons to him on two complaints filed by the ED for evading its summonses in a money laundering case related to the alleged excise scam. Additional Sessions Judge Rakesh Syal on Thursday heard the arguments of the advocates representing Kejriwal and the Enforcement Directorate (ED) on the first order by which a magisterial court had on February 7 summoned the politician for February 17.
Additional Chief Metropolitan Magistrate Divya Malhotra had, however, granted Kejriwal exemption from personal appearance before it on February 17 after he appeared through video conference and directed him to appear before it on March 16. The sessions judge will hear on Friday the arguments on Kejriwal's plea against ACMM's second order dated March 7 by which Kejriwal was summoned for March 16.
During the hearing on Thursday, senior advocate Ramesh Gupta, appearing for Kejriwal, urged the court to stay the magisterial court's first order. “Please grant the stay on the order, or grant exemption from personal appearance before magisterial court. It is a summoning trial case. Maximum punishment is one month jail term/fine,” he told the court. “Matter is fixed for appearance on Saturday. I am seeking he (Kejriwal) be allowed to appear through counsel or the order be stayed,” Kejriwal's lawyer pleaded before the judge. Gupta told the judge he was limiting his request for exemption from personal appearance only to Saturday. “I abandon my request for stay on the proceedings but am asking for his exemption from personal appearance. My earnest request is to pass an interim order only to that extent,” he said.
Additional Solicitor General S V Raju, appearing for the ED, opposed the application, claiming that the accused had approached the court "at the last moment”. “I object to this. The date was fixed long time back. He (Kejriwal) gave an assurance to the court that he will appear on March 16... Now, a month later, he comes and asks for exemption. He has suppressed this order. This is dishonest conduct on the face of it. Therefore, he is not entitled to interim relief,” he told the judge.
