Aam Aadmi Party (AAP) leader Arvind Kejriwal withdrew his petition from the Delhi High Court on Thursday. This petition was filed to challenge the summonses issued by the Enforcement Directorate (ED) in connection with the excise policy-linked money laundering case. A bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia allowed the withdrawal after taking note of recent developments in the lower court.
Why was the petition withdrawn?
Senior counsel representing Mr. Kejriwal informed the High Court that the plea was no longer necessary to pursue at this stage. This decision came after the Rouse Avenue Court acquitted the former Chief Minister on January 22, 2026, in two separate criminal complaints. These complaints were filed by the ED specifically for his non-compliance with the summonses.
During the hearing, Additional Solicitor-General S.V. Raju, appearing for the ED, stated that the agency is preparing to appeal the trial court’s acquittal order. The High Court noted this submission and clarified that while the current petition is dismissed as withdrawn, all legal and constitutional pleas raised in it remain open for future proceedings if needed.
What did the Trial Court say about the summons?
The acquittal by the trial court was based on specific technical grounds regarding how the summonses were served. Additional Chief Judicial Magistrate Paras Dalal had ruled that the ED failed to prove intentional disobedience on the part of Mr. Kejriwal.
- Invalid Email Service: The court ruled that sending summonses via email does not count as valid service under the Criminal Procedure Code (CrPC).
- Physical Delivery Required: Since the Prevention of Money Laundering Act (PMLA) does not have its own rules for serving summons, agencies must strictly follow the physical delivery methods listed in the CrPC.
- Right to Movement: The magistrate noted that mere non-appearance is not a crime, especially since Kejriwal was a serving Chief Minister with a fundamental right to movement at that time.
