Updated January 4th, 2024 at 08:41 IST

Legal options AAP has in face of Arvind Kejriwal's likely arrest by ED

AAP National spokesperson Priyanka Kakkar in her statement said that the party will now act as per law over the ED's summons.

Reported by: Tanisha Rajput
AAP National convenerand Delhi CM Arvind Kejriwal. | Image:PTI
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New Delhi: As uncertainty looms over the Aam Aadmi Party after two AAP Ministers claimed that Enforcement Directorate, may raid the residence of the Delhi Chief Minister Arvind Kejriwal and arrest him on Thursday, Jan 4. This comes hours after Kejriwal skipped the third summon by the central probe agency's summon in connection with the excise policy case for which several AAP leaders are being investigated. In a letter to the agency, Kejriwal accused it of being 'opaque and arbitrary,' and trying to tarnish his reputation in connection. It read, "It is a matter of concern that despite my comprehensive response(s) bringing to your notice critical dimensions and legal objections involved in issuing summons to me to appear ‘in person’ in your purported exercise of powers under Section 50 of Prevention of Money Laundering Act, 2002 (‘PMLA’), you have chosen not to respond."

The chief minister had already skipped the ED summons twice, on November 2 and December 21.

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Meanwhile, AAP National spokesperson Priyanka Kakkar in her statement said that the party will now act as per law over the ED's summons.

What legal options lie ahead of Kejriwal?

An individual can ignore or skip the ED summon thrice, as per rules, which Delhi CM has already exhausted the tally. This means that ED can now seek a non-bailable warrant (NBW) , compelling the person to present before the court. Failing this would comply with a NBW and might lead to arrest and subsequent hearings.

During this entire episode with ED, the Delhi Chief Minister maintains he is ready to cooperate with the agency, but questions the timing and urgency of the summons.

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Kejriwal's refusal to appear before the ED has escalated the tension between the party and the investigative agency.

For now, Kejriwal has two legal avenues available to him.

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He can either move to court to challenge the summons, asserting his rights and seeking clarity on the allegations, or he opt for anticipatory bail, a legal mechanism to safeguard against arrest while an investigation is underway.
 

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Published January 4th, 2024 at 08:37 IST