Excise policy case: HC gives more time to Kejriwal, Sisodia to respond to ED plea to expunge remarks
New Delhi (PTI): The Delhi High Court on Wednesday granted time till April 2 to former chief minister Arvind Kejriwal, his deputy Manish Sisodia and 21 others to respond to a plea by the Enforcement Directorate to expunge "unwarranted" remarks made against it by the trial court while discharging them in the liquor policy case.
Justice Swarana Kanta Sharma expressed displeasure over the request for more time by the lawyers appearing for Kejriwal and other accused, and said it would fix a date for final hearing in the matter during the next hearing on April 2.
"I don't know why you are not filing a reply. You should have filed a reply if you think you really needed to file a reply. They are only saying judge should not have written something that he has written."
"By second (of April), you file your reply. Then we will fix a date for final hearing," the judge said.
The Enforcement Directorate's counsel said there was no need to file replies to its petition and that this was an attempt to delay the case.
Additional Solicitor General S V Raju, appearing for ED, contended that the agency's petition has no impact on the accused, as the challenge was limited to the trial court judge's observations against the agency when it discharged Kejriwal, Sisodia and others in the CBI case.
The counsel for one of the accused said a brief reply was necessary and time was needed for it as the discharge order was 600 pages long.
Justice Sharma remarked that the ED's case has nothing to do with all 600 pages.
"Here is a prosecuting agency which has stated that the judge exceeded jurisdiction. I told them even I make such observations. I need to deicide it but you said I need to file a reply. Now you say 600 pages have to be read," the judge observed.
Raju also urged the court to direct that the observations of the trial court would not be relied upon by the accused in related proceedings. "It is a short date. Let them reply," the court responded.
On March 10, the court had asked Kejriwal and others to respond to the ED's plea.
In the petition, ED said the trial court's remarks were wholly extraneous to the CBI's case. It said the ED was neither a party in those proceedings nor afforded any opportunity to be heard.
"If such sweeping, unguided, bald observations are permitted to stand ... grave and irreparable prejudice would be caused to the public at large as well as the petitioner," the ED plea said.
"Therefore, the aforesaid paragraphs which concern the investigation independently conducted by the Enforcement Directorate under the PMLA (Prevention of Money Laundering Act) deserve to be expunged as it amounts to a clear case of judicial overreach...," it added.
On February 27, the trial court discharged Kejriwal, Sisodia and others in the Delhi liquor policy case, pulling up the CBI by saying that its case was wholly unable to survive judicial scrutiny and stood discredited in its entirety.
The trial court ruled that the alleged conspiracy was nothing more than a speculative construct resting on conjecture and surmise, devoid of any admissible evidence.
To compel the accused to face the rigours of a full-fledged criminal trial in the stark absence of any legally admissible material did not serve the ends of justice, it said.
In its order, the trial court highlighted that a procedure permitting prolonged or indefinite incarceration based on a provisional and untested allegation risked "degenerating into a punitive process" and raised a "concern of considerable constitutional significance" where individual liberty was "imperilled" by invoking the Prevention of Money Laundering Act.
It said the issue assumed heightened significance where an accused was arrested for the offence of money laundering and thereafter required to surmount the stringent twin conditions prescribed for the grant of bail, resulting in prolonged incarceration even at the pre-trial stage.
It further said that despite the settled legal position that the offence of money laundering cannot independently subsist and requires the foundational edifice of a legally sustainable predicate offence, the prevailing practice revealed a disturbing inversion.
Underlining that the objective of PMLA was undoubtedly legitimate and compelling, the trial judge mentioned that statutory power, however wide, could not eclipse constitutional safeguards.
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LPG bookings close to normal, but situation continues to be worrisome
New Delhi (PTI): Bookings for domestic LPG refills are approaching pre-war normal levels, signalling a gradual return to normalcy, but concerns persist as supply restrictions on commercial consumers, including hotels, remain in place due to ongoing disruptions in input supplies caused by the West Asia conflict.
Over 33 crore domestic LPG consumers had, on average, booked about 55 lakh cylinders daily before the February 28 military strikes by the US and Israel on Iran. The escalation triggered sweeping retaliation from Tehran, effectively shutting the Strait of Hormuz - a critical shipping corridor used by major Gulf producers such as Saudi Arabia, Qatar and the UAE to export crude oil, gas and LPG to key markets including India.
The shutdown of the Strait of Hormuz blocked India's access to almost 60 per cent of its LPG, leading to curtailment of supplies to commercial users and triggering panic buying by domestic users, which peaked to 87.7 lakh on March 13.
Bookings have since fallen to 56-57 lakh on March 18, said Sujata Sharma, Joint Secretary, Ministry of Petroleum and Natural Gas.
"Panic booking is coming down," she said, adding that the government continues to prioritise the supply of available LPG to domestic households.
However, "LPG (supply) situation remains worrisome but there is no dry out at any LPG distributor," she said.
Commercial users are getting just a fifth of their requirement.
Sharma said domestic LPG production has increased by over 40 per cent in the last two weeks and the three public sector oil marketing companies have been making normal, pre-war levels of daily deliveries of LPG refills.
"Our supply has not dipped. Some days the supply has been higher (than pre-war times). On March 18, 54.91 lakh LPG cylinders were delivered against a booking of over 56 lakh," she said.
Oil companies are operating extra shifts to keep LPG deliveries in pace with the bookings. They delivered 62.5 lakh cylinders on March 13 and 60 lakh on March 14 - the peak two days of panic bookings.
LPG supplies are under close monitoring amid the prevailing geopolitical tensions, with no dry-outs reported at distributorships and domestic cylinder deliveries continuing uninterrupted, she said.
Online bookings have risen sharply to 94 per cent, while Delivery Authentication Code (a unique OTP that is sent to registered mobile numbers of actual users to ensure LPG is being delivered to correct customers) coverage has expanded to 83 per cent.
In addition, customers near a city gas network are being encouraged to shift to piped natural gas - a convenient alternative to LPG as the fuel continuously travels through pipes to household kitchens without the botheration of refill bookings.
"In the last two weeks, 1.25 lakh new domestic, commercial and industrial connections have been issued," she said.
Raids and inspections to stop black marketing continue with seizure of cylinders as well as FIRs in several states.
The Union government on March 18 wrote to all state governments asking them to take all steps to prevent black marketing and hoarding while taking stringent actions against violators.
Besides, alternate fuels such as kerosene are being promoted, she said adding commercial LPG stocks have been placed with states for using them as per their priority list.
