The Enforcement Directorate (ED) informed a Delhi court that the prosecution sanction for former Chief Minister Arvind Kejriwal in a corruption case is also applicable to a related money laundering case. The ED clarified that the sanction covers offences under both the Prevention of Corruption Act and related legal provisions resulting from the ongoing investigation.
New Delhi: The Enforcement Directorate (ED) informed a Delhi court on Thursday (Nov 28th) that the sanction obtained for prosecuting former Chief Minister Arvind Kejriwal in a corruption case linked to the Delhi excise policy “scam” also encompasses a related money laundering case.
This assertion was made during a hearing before Special Judge Kaveri Baweja, in response to Kejriwal’s plea requesting a copy of the prosecution sanction in the money laundering case. The ED emphasized that the sanction granted in the corruption case by the Central Bureau of Investigation (CBI) forms the basis for pursuing charges under the Prevention of Money Laundering Act (PMLA).
The ED’s special public prosecutor argued,
“The said sanction is broad enough to cover offences not only under the Prevention of Corruption Act (being probed by the CBI) but also in other offences or offences made out from the facts and circumstances as mentioned therein (in CBI case) and punishable under any other provision in law in respect of the said acts and for taking cognisance by the court.”
The ED clarified that the sanction, granted on August 14, 2023, is applicable to all offences arising from the facts of the case, including money laundering allegations.
Kejriwal had sought a copy of the sanction, alleging that it was not served to him despite its reference during a recent Delhi High Court hearing. During that hearing, the ED reportedly stated that the necessary sanction was obtained from the concerned authorities when filing the chargesheet.
Kejriwal’s counsel urged the court to direct the ED to respond to the application formally. This request was not opposed by the ED.
Special Judge Kaveri Baweja directed the ED to file a reply to Kejriwal’s application and set the next hearing for November 30, 2024.
The money laundering case stems from a CBI investigation initiated following Delhi Lieutenant Governor V K Saxena’s recommendation to probe alleged irregularities in implementing the Delhi excise policy.
The excise policy, introduced on November 17, 2021, was scrapped by September 2022 amid allegations of corruption. According to the CBI and ED, the policy’s modifications led to irregularities and undue favours extended to licence holders.
The ED and CBI claim that the alleged irregularities not only violated the Prevention of Corruption Act but also enabled money laundering, necessitating a coordinated investigation by both agencies.
The legal proceedings are being closely watched as they involve a high-profile political figure, with implications for governance and accountability. The next hearing is expected to shed more light on the ED’s case and Kejriwal’s defense regarding the alleged excise policy “scam.”
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