Kejriwal, a prominent figure in Indian politics and the convenor of the Aam Aadmi Party (AAP), has been vocal in his defense, claiming that the summonses were not only illegal but also politically motivated. He has chosen to skip all the ED’s summonses, including the sixth one issued on February 19, 2024. Kejriwal has failed to attend six summonses – on February 19, February 2, January 18, and January 3 this year, and December 22 and November 2 last year.

The ED’s complaint against Kejriwal, filed under Section 174 of the Indian Penal Code (IPC), alleges that he intentionally disobeyed the first three summonses.The complaint was filed under Section 174 of the IPC for non-attendance in obedience to an order from a public servant and Section 50 of the Prevention of Money Laundering Act. The court has acknowledged this offense, making Kejriwal liable to be prosecuted.

Kejriwal has cited various reasons for his non-appearance before the ED, including a debate on a trust motion in the Delhi Assembly and the ongoing Budget session. The court has granted him an exemption from appearing in person until March 16, 2024.

The ED has also accused the Delhi government of favoring private entities in the wholesale liquor business. According to the ED, the scheme involved setting a 12% margin for the entities, with a 6% kickback. The ED’s first prosecution complaint in November 2021 alleged that the policy was designed with deliberate loopholes to promote cartel formations and benefit AAP leaders.

The Delhi government’s 2021-22 excise policy aimed to revitalize the city’s liquor business by introducing a license fee-based regime for traders and offering discounts and offers on liquor purchases. However, the policy was abruptly ended after the lieutenant governor recommended a CBI probe into alleged irregularities.

The BJP has accused Kejriwal of trying to use the Budget session of the Delhi Assembly to escape the investigation into the liquor scam. The AAP has called the ED’s summons illegal and has urged the agency to wait for the court’s decision. Kejriwal has consistently argued that the repeated summonses from the ED were not only illegal but also a ploy to hinder his ability to campaign for the 2024 Lok Sabha elections.

The case highlights the ongoing political and legal battles between the AAP and the BJP in Delhi. Kejriwal’s repeated non-compliance with the ED’s summons has raised questions about his commitment to transparency and accountability in governance.

By-Kashish Jain