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Delhi HC Rejects Kejriwal’s Request for Early Hearing In Excise Policy Case, Sets Date For December 20

New Delhi [India], December 6: The Delhi High Court on Friday rejected Arvind Kejriwal’s request for an early hearing of his plea challenging the Enforcement Directorate’s (ED) chargesheet in the alleged Excise Policy case.

The Aam Aadmi Party (AAP) leader had sought an expedited hearing, citing the lack of a copy of the sanction required for the prosecution. A fresh application was filed, stating that the ED had recently clarified its position, potentially allowing for an early hearing. However, the court, after reviewing the matter, decided to proceed with the originally scheduled hearing date of December 20, 2024. The bench, led by Justice Manoj Kumar Ohri, also advised that all relevant documents be exchanged before the hearing.

Kejriwal’s plea challenges a trial court’s decision to take cognizance of the chargesheet filed by the ED in connection with the alleged excise policy scam. The Delhi High Court had earlier issued a notice on Kejriwal’s petition, which also questions the trial court’s ruling on taking cognizance of the offence under the Prevention of Money Laundering Act (PMLA) without obtaining prior sanction as per Section 197(1) of the Criminal Procedure Code (CrPC). This is a crucial issue because Kejriwal, as the Chief Minister at the time of the alleged offence, is a public servant.

Despite Kejriwal’s request, the court did not grant any stay on the trial proceedings. The matter has been set for hearing on December 20, 2024, where arguments will be heard on both the application for a stay and the plea seeking the quashing of the trial court’s order.

In the broader context, Kejriwal faces multiple charges in connection with the now-scrapped excise policy, with the ED accusing him and other AAP leaders of benefiting from kickbacks from liquor businesses. The ED claims the policy was designed with loopholes that allowed the illegal exchange of benefits, such as discounts and license fee waivers, in exchange for bribes. The investigation also alleges that the scam was used to influence elections in Punjab and Goa in early 2022.

Kejriwal is currently out on bail in both the Enforcement Directorate and Central Bureau of Investigation cases related to the excise policy.

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