Excise policy: Last chance for Kejriwal, Sisodia to reply to ED plea

The Delhi High Court has given a last chance to Arvind Kejriwal and Manish Sisodia to file replies to the ED's plea seeking to expunge adverse remarks from a trial court order in the Delhi excise policy case. The next hearing is on April 22.

The Delhi High Court on Thursday granted a last opportunity to all respondents, including Arvind Kejriwal and Manish Sisodia, to file their replies to the Enforcement Directorate's (ED) plea seeking expunging of adverse observations made against it in a trial court order in the Delhi excise policy case.

During the hearing, Justice Swarana Kanta Sharma made it clear that no further adjournments would be granted. The court directed that if the respondents fail to file their replies by the next date of hearing, their right to reply will be closed, and the matter will proceed to arguments. The High Court has now listed the case for further hearing on April 22.

ED's Petition Against Trial Court Remarks

The court's direction comes in the ED's petition challenging certain remarks made by the trial court while discharging all accused persons in the CBI case related to the Delhi Excise Policy 2021-22. On the last date of hearing, the Delhi High Court had issued notice on the ED's plea seeking deletion of specific observations made against the agency in the trial court's February 27 order.

The ED has argued that the remarks were "foundationally misconceived" and were made even though the agency was not a party to the proceedings before the trial court. It has been contended that such observations, recorded at the stage of discharge in a CBI case, went beyond the scope of the matter and unfairly criticised its investigation under the Prevention of Money Laundering Act (PMLA).

Arguments Presented in Court

ED's Submission

Earlier, appearing for the ED, Additional Solicitor General SV Raju submitted that the trial court made sweeping findings without giving the agency an opportunity to present its case, thereby violating principles of natural justice.

Defence's Argument

On the other hand, Senior Advocate Vikram Chaudhari, opposing the ED's plea, argued that the remarks formed part of the trial court's reasoning and could not be selectively expunged. (ANI)

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