Excise policy scam: HC asks ED to respond to Kejriwal’s plea challenging summons on complaint
New Delhi (PTI): The Delhi High Court on Tuesday sought response of the Enforcement Directorate on a plea by AAP leader Arvind Kejriwal challenging summons issued to him on the agency’s complaint in a money laundering case related to the alleged excise scam.
Justice Manoj Kumar Ohri refused to stay the trial in the criminal case and said the trial court’s order, which has been challenged by Kejriwal, is two months old and not a fresh order.
The high court issued notice to the Enforcement Directorate (ED) on the petition which has challenged the summons issued to the former chief minister of Delhi on the complaint filed by the agency in the case.
Kejrwal’s counsel questioned the maintainability of the complaint on the grounds that while summons were issued by one officer, the complaint was filed by another officer.
The former Delhi chief minister has challenged a sessions court’s September 17 order which had dismissed his plea challenging the summons.
During the hearing, the ED’s counsel raised a preliminary objection on the maintainability of the petition.
He contended that Kejriwal's plea was a second revision petition which has been filed under the garb of Section 482 of CrPC and the same was barred in law.
He argued that the grounds raised in this petition were identical to the one filed before the trial court.
Kejriwal’s lawyer contended that when summonses were issued to the AAP leader by one ED officer of assistant director rank, the complaint could not have been filed by another ED officer of the same rank.
The lawyer said the officer, who had signed the summonses was available but still the complaint was filed in the court by another officer.
“He (Kejriwal) has served the period for which they (ED) can punish him. Three summons were issued by one Joginder Singh who is assistant director of ED. But the complaint was filed by another assistant director (Sandeep Sharma)…. The challenge is with respect to whether he could have filed the complaint,” Kejriwal’s counsel said.
The high court listed the matter for further hearing on December 19.
Kejriwal had moved the sessions court against an order passed by a magisterial court directing him to appear before it on the ED's complaint.
He had challenged the summons issued by the magisterial court after taking cognisance of two complaints filed by the ED over avoidance of summons issued to him.
The ED had filed complaints before the magisterial court seeking prosecution of Kejriwal for skipping multiple summonses issued to him in the case linked to the now-scrapped Delhi excise policy.
Kejriwal was granted interim bail by the Supreme Court on July 12 in the money laundering case. He was released on bail by the apex court in the CBI case on September 13.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
