Former Delhi Chief Minister Arvind Kejriwal has challenged the Delhi High Court’s acceptance of a prosecution complaint by the Enforcement Directorate regarding a money laundering case linked to the now-invalid Delhi liquor policy. His legal team cites the need for government sanction under Section 197(1) of the CrPC, which could halt proceedings against public servants without proper approval.
New Delhi: Former Delhi Chief Minister Arvind Kejriwal has approached the Delhi High Court, challenging a trial court’s decision to take note of a prosecution complaint filed by the Enforcement Directorate (ED) against him in connection with the money laundering case linked to the now-scrapped Delhi liquor policy.
Kejriwal’s legal team argued that the trial court’s proceedings should be paused due to the lack of requisite sanction to prosecute him. His plea came in the wake of a Supreme Court ruling affirming that prior government sanction, as mandated under Section 197(1) of the Code of Criminal Procedure (CrPC), applies to public servants, even in money laundering cases.
In July 2024, Delhi’s Rouse Avenue Court had taken cognizance of a supplementary chargesheet filed by the ED, naming Kejriwal in the case. The AAP leader’s recent petition seeks relief from these proceedings, emphasizing the need for due procedural compliance.
The Supreme Court, in its recent judgment, dismissed a plea by the ED challenging a High Court decision to quash charges against two IAS officers due to the absence of prosecution sanction.
The bench of Justice Abhay Oka and Justice Augustine George Masih ruled that:
“The purpose of Section 197(1) of the CrPC is to protect public servants from prosecution for actions taken in the course of their duties.”
The Court emphasized that the provision is applicable even under the Prevention of Money Laundering Act (PMLA) unless explicitly overridden by conflicting provisions within the Act.
The Supreme Court clarified that while a lack of sanction could halt proceedings, the ED is free to seek the required approval and approach the special court again.
“The door remains open for the agency to prosecute once proper sanction is granted,”
the bench remarked.
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The ED’s investigation stems from allegations of corruption and money laundering related to the implementation of the Delhi Excise Policy 2021-22. Kejriwal, along with several other accused, has consistently denied the charges, asserting that the policy was designed to boost revenue and promote transparency.
The High Court is expected to deliberate on Kejriwal’s petition in the coming weeks. The ruling could set a precedent on the interplay between procedural safeguards for public servants and the enforcement of anti-corruption laws.
This legal battle highlights the complex relationship between governance, law enforcement, and the judicial system’s role in balancing accountability and due process.
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