Solicitor General (SG) Tushar Mehta conveyed this to Justice Manoj Kumar Ohri during the hearing of Kejriwal’s plea challenging the trial court’s cognizance of the ED’s complaint against him.
![[Delhi Excise Policy] 'Previously Obtained Sanction Under Secttion 197 CrPC To Prosecute Arvind Kejriwal': ED Tells Delhi HC](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/07/Kejriwal-vs-ED-1024x576.jpg?resize=820%2C461&ssl=1)
NEW DELHI: The Enforcement Directorate (ED) informed the Delhi High Court on Thursday(21st Nov) that it has obtained the requisite sanction under Section 197 of the Code of Criminal Procedure (CrPC) to prosecute former Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to alleged corruption in implementing the Delhi Excise Policy, 2021-22.
Solicitor General (SG) Tushar Mehta conveyed this to Justice Manoj Kumar Ohri during the hearing of Kejriwal’s plea challenging the trial court’s cognizance of the ED’s complaint against him.
Section 197 of the CrPC mandates prior government sanction to prosecute individuals for offenses committed in the discharge of official duties, with courts barred from taking cognizance without such approval. While Mehta stated that the sanction would be filed on record, Kejriwal’s counsel, Senior Advocate N Hariharan, argued that the trial court had proceeded without the required sanction.
Hariharan cited the Supreme Court’s recent ruling in Enforcement Directorate v. Bibhu Prasad Acharya to assert that cognizance by the trial court was invalid without prosecution sanction. He further contended that when the supplementary prosecution complaint was filed, no sanction was in place.
Justice Ohri granted time for the ED to submit an affidavit and issued notice on Kejriwal’s petition, scheduling the next hearing for December 20. This decision followed a request from Kejriwal’s counsel for an earlier hearing, as the Court initially proposed adjourning the case to February 2025. Hariharan also sought a stay on the trial court proceedings, questioning how jurisdiction was assumed without the requisite sanction.
The money laundering case arises under the Prevention of Money Laundering Act (PMLA) and involves allegations that Aam Aadmi Party (AAP) leaders, including Kejriwal, exploited loopholes in the now-repealed Delhi Excise Policy, 2021-22, to secure kickbacks from liquor companies. These funds were allegedly funneled into AAP’s election campaign in Goa. Both the ED and the Central Bureau of Investigation (CBI) are investigating the case.
Kejriwal was arrested by the ED on March 21, briefly released on interim bail by the Supreme Court for the 2024 Lok Sabha campaign, and returned to prison on June 2. Subsequently, the CBI arrested him on June 26, which his lawyers described as a preemptive measure to ensure he remained in custody even if granted bail in the ED case.
The Supreme Court granted Kejriwal interim bail in the ED case on July 12 and bail in the CBI case on September 13, after which he was released from prison. Following his release, Kejriwal resigned as Delhi Chief Minister.
Senior Advocate Rebecca John also represented Kejriwal during the proceedings.
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