Kejriwal cites Rajya Sabha polls, Republic Day celebrations and ED’s approach as he skips third summons

The National Capital Territory of Delhi has been allocated three seats in the Rajya Sabha and the incumbents’ terms of office will expire on January 27, he said. Being the national convener of the Aam Aadmi Party (AAP), Kejriwal said he was held up with the run-up to the polls.

“Being the Chief Minister of Delhi, I am also quite occupied in planning and preparations for several programmes and functions for the Republic Day…” he added.

He also said he would “be happy to respond to any questionnaire” if the ED sought any information or documents in his possession.

Kejriwal was issued the first summons by ED in October last year which asked him to appear for questioning on November 2. The second was sent on December 18, asking him to appear for questioning on December 21. The third summons asked him to appear on Wednesday.

This was the third time he has, through a letter, questioned the validity of the summons and skipped questioning. While referring to the two letters sent to the agency in the past, Kejriwal said it was a “matter of concern” that no response was received.

“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,” he wrote.

In his previous responses, Kejriwal had called the summons “motivated” and alleged they were “issued for vexatious considerations”. He also asked in what capacity he was being summoned — “ as a witness or a suspect” — in relation to the Delhi excise policy case.

“In the summons, the column of ‘Schedule’ and ‘As per Annexure enclosed’ are struck off with pen and there is absolutely nothing mentioned in the summons as to whether any particular information, material or document is required from me,” Kejriwal wrote in the previous response, adding that similar notices without any specific details, had been illegal and quashed by courts in the past.

In Wednesday’s response, he said the ED’s silence on these aspects led him to “infer that you are maintaining unwarranted secrecy and are being opaque and arbitrary in the present matter”.

Kejriwal said that he is fairly committed to the rule of law and would cooperate and assist in any “inquiry or investigations that may be as per law, fair, just and expedient” but the ED’s silence on his two letters in the past had confirmed his “apprehensions about certain vested interests and extraneous as well as malafide considerations prevailing over any objective, rational, fair or impartial inquiry or investigations”.

He said he knew of several cases in the past where ED had given a detailed explanation and response to queries raised or “apprehensions nursed by a person”. He said that in his case, however, the ED “refused to even acknowledge the receipt of the detailed submissions”.

“As a premier investigating agency of the country, the ‘non-disclosure’ and ‘non-response’ approach adopted by you cannot sustain the test of law, equity or justice. Your obstinacy (is) tantamount to assuming the role of judge, jury and executioner at the same time which is not acceptable in our country governed by the rule of law,” Kejriwal wrote.