'Enquiry or tarnish my reputation': Arvind Kejriwal in letter ED after skipping summons. Full text here
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- January 03, 2024
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Delhi Chief Minister on Wednesday skipped the third summons issued by the Enforcement Directorate in the Delhi excise policy case. The AAP leader in a letter to the ED has urged the central agency to respond to his earlier responses and "clarify the position" so that he can "understand the real intent, ambit, nature, sweep and scope of the purported inquiry/investigation for which he is being called.
He has sought a questionnaire from the agency and also questioned the intent of the summons served to him. He also mentions in the letter that the Rajya Sabha elections are to take place on January 19 and he also has to participate in the Republic Day programme on January 26 as Delhi CM. The Aam Aadmi Party asserted that Kejriwal was ready to cooperate with the agency but claimed that the summons was sent with the intention of arresting him.
"Why has the notice been sent right before elections? The notice is an attempt to stop Kejriwal from campaigning in elections," the party alleged. Kejriwal was summoned on Wednesday for questioning. This was the third ED notice to Kejriwal, also the AAP's convener, after he refused to appear before the federal agency on two earlier summonses for November 2 and December 21.
Opposition BJP said that Kejriwal is "shaking in fear" and not appearing before the Enforcement Directorate because he knows that he is the "kingpin" of the alleged liquor policy scam. BJP national spokesperson Gaurav Bhatia said, "Outright dishonest and sinister Arvind Kejriwal is shaking in fear and making one after another lame excuse to skip ED summons." 1.
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.
Therefore, I once again reiterate the following aspects which are the core of my earlier responses: 2) I am surprised that you have once again sent identically worded summons in the same format as before without giving any response to my earlier replies dated 02.11.2023 &20.12.2023.Therefore, I assume that you do not have any valid reason or justification for issuance of these summons.
3) Your silence on the aforementioned critical aspects leads me to infer that you are maintaining unwarranted secrecy and are being opaque and arbitrary in the present matter. 4) In my earlier responses and now again, I reiterate my firm commitment to the rule of law and my unflinching undertaking to render any co operation or assistance in any inquiry or investigations that may be as per law, fair, just and expedient.
However, as stated above, your silence confirms my apprehensions about certain vested interests and extraneous as well as malafide considerations prevailing over any objective, rational, fair or impartial inquiry or investigations. 5) I am in know of several cases where the Directorate of Enforcement has given a detailed explanation and/or response to any of the queries raised or apprehensions nursed by a person who may have been issued summons under Section 50 PMLA but in my case, you have refused to even acknowledge the receipt of the detailed submissions made in response to the summons issued to me.
6) 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 tantamounts 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.
7) In these circumstances, I therefore once again, urge you to kindly respond to my earlier responses and clarify the position so as to enable me to understand the real intent, ambit, nature, sweep and scope of the purported inquiry/investigation for which I am being called. 8) Every time, before the summons reaches me, it is already there in media.
This raises questions whether the purpose of the summon is to do any legitimate enquiry or tarnish my reputation. 9) Be that as it may, please note that the Election Commission of India has since decided to hold the Elections to the Council of States (Rajya Sabha) inter alia, from National Capital Territory of Delhi.
Nominations start from 3rd January. Voting will take place on 19th January and results will be declared. The National Capital Territory of Delhi has been allocated 3 seats in the Rajya Sabha and the terms of office of the present incumbents will expire on 27th January, 2024.Therefore, the said elections are being held to fill the above mentioned vacancies.
Being National Convenor of the Aam Aadmi Party, I am held up in the process and run up to these critical elections. 10) Being the Chief Minister of Delhi, I am also quite occupied in planning and preparations for several programmes and functions for the Republic Day i.e., 26th January, 2024. 11) In such circumstances, I hope that you shall act as per law by transparently and fairly, considering my objections as raised and indicated in my earlier responses dated 02.11.2023 and 20.12.2023.
12) In the meanwhile, I would be happy to respond to any questionnaire if you seek any information/documents, which are in my knowledge/possession. Thanking You, (ARVIND KEJRIWAL) (Catch all the , Events and Updates on .).