Excise Scam | HC Reopens scrutiny of Kejriwal’s Acquittal in ED summons case

On Wednesday, in a fresh development in the high-stakes excise policy litigation, the Delhi High Court issued notice to former Chief Minister Arvind Kejriwal on the Enforcement Directorate’s challenge to his acquittal in cases linked to alleged non-compliance with summons. The Court has sought his response, signalling renewed judicial scrutiny over the scope of “wilful non-compliance” under enforcement proceedings, an issue that could shape how investigative agencies pursue summons-based prosecutions.

The matter stems from proceedings initiated by the Enforcement Directorate, which accused Kejriwal of deliberately avoiding multiple summons issued during its probe into the liquor policy case. The trial court, however, had dismissed the complaints, holding that the agency failed to establish intentional disobedience. Challenging this finding, the ED argued before the High Court that the non-appearance was not accidental but a calculated attempt to evade investigation, alleging that objections raised were merely a pretext to avoid compliance.

The Court indicated that the issue requires closer examination, particularly whether the conduct in question satisfies the threshold of “wilful” defiance under law. The Bench remarked that the judicial role is not to validate prevailing narratives but to ensure legal standards are strictly applied, noting that “the judicial task was not to secure a convenient outcome or to endorse a dominant narrative but to uphold the rule of law.” The Court has now directed Kejriwal to file his response, keeping the ED’s appeal alive for further consideration.

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