New Delhi [India]: Refusing to stay trial court proceedings against Arvind Kejriwal in money laundering case linked to the alleged excise policy scam, Delhi High Court on Thursday issued notice to the Enforcement Directorate on a plea filed by the former Delhi chief minister.
The bench of Justice Manoj Kumar Ohri scheduled the matter for hearing on December 20 to consider arguments on both the stay application and the plea seeking the quashing of the trial court’s order taking cognizance of the ED’s charge-sheet against Kejriwal in the alleged excise policy scam.
The former CM and Aam Aadmi Party (AAP) national convenor Kejriwal has approached the High Court on Wednesday, challenging the trial court’s decision to take cognizance of the Enforcement Directorate’s prosecution complaints in the alleged excise policy scam, citing lack of sanction.
Appearing for the Enforcement Directorate, Solicitor General of India, Tushar Mehta, opposed Kejriwal’s plea, asserting that the proper sanction had been obtained when the prosecution complaint (chargesheet) was filed.
Kejriwal is seeking the court’s direction to quash the trial court’s order and halt the proceedings.
The plea argued that the trial court judge, in the impugned order, erred in taking cognizance of the offence under Section 3 of the PMLA, punishable under Section 4 of the PMLA, without obtaining prior sanction under Section 197(1) of the CrPC for the prosecution of the petitioner. This was particularly relevant as the petitioner, Arvind Kejriwal, was a public servant (the Chief Minister) at the time of the alleged offence.
On November 12, the Delhi High Court sought a response from the Enforcement Directorate (ED) regarding a plea filed by AAP leader Arvind Kejriwal, challenging the summons issued to him in connection with the agency’s money laundering case related to the alleged excise scam.
Kejriwal is currently out on bail in both the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the now-scrapped excise policy.
According to the Enforcement Directorate (ED), the Excise Policy was deliberately designed with loopholes to benefit AAP leaders and foster cartel formations. The ED accused AAP leaders of receiving kickbacks from liquor businesses in exchange for preferential treatment, including discounts, license fee waivers, and relief during the Covid-19 disruptions.
The ED further alleged that the “scam” involved awarding wholesale liquor distribution rights to private entities with a fixed 12% margin, in return for a 6% kickback. Additionally, AAP leaders were accused of using the kickbacks in Punjab and Goa assembly polls in early 2022.