The court granted the ED’s request for more time to gather instructions and submit a response to Kejriwal’s application.
![[Excise Scam] Delhi Court Sets Nov 28 for Hearing Kejriwal's Plea Over Sanction Copy in ED Case](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/image-23.jpg?resize=800%2C480&ssl=1)
NEW DELHI: On Tuesday (26th Nov), a Delhi court extended the deadline for the Enforcement Directorate (ED) to respond to Arvind Kejriwal’s plea seeking a copy of the sanction required for his prosecution in a money laundering case related to alleged irregularities in the 2021-22 Delhi Excise Policy.
Special Judge Kaveri Baweja of the Rouse Avenue Court set November 28 as the new date.
The court granted the ED’s request for more time to gather instructions and submit a response to Kejriwal’s application.
“Special counsel for ED requests additional time to obtain necessary instructions and file a reply to Kejriwal’s application. Adjourned to November 28 for filing the reply, if any, and for arguments,”
the court noted.
In his plea, Arvind Kejriwal highlighted that during a recent Delhi High Court hearing, the Solicitor General representing the Enforcement Directorate (ED) asserted that the required prosecution sanction was obtained when filing the chargesheet.
However, Advocate Mudit Jain, representing Kejriwal, countered this claim, stating that the documents provided with the chargesheet did not include any copy of the necessary sanction.
On November 21, the Delhi High Court issued a notice regarding Kejriwal’s petition challenging the trial court’s decision to take cognizance of the ED’s chargesheet in the alleged excise policy scam. Solicitor General Tushar Mehta, appearing for the ED, opposed the plea, reiterating that the sanction had indeed been obtained.
Kejriwal’s legal team argued that the trial court had erred in taking cognizance of the offence under Section 3 of the Prevention of Money Laundering Act (PMLA), punishable under Section 4, without prior sanction under Section 197(1) of the Criminal Procedure Code (CrPC).
They emphasized that Kejriwal, as the then-Chief Minister, was a public servant at the time of the alleged offence.
Justice Manoj Kumar Ohri’s bench did not stay the trial proceedings but scheduled a hearing for December 20 to consider both the stay application and the plea seeking to quash the trial court’s order.
Kejriwal, who is currently out on bail in both ED and CBI cases linked to the now-withdrawn Delhi Excise Policy, maintains his innocence.
The ED claims the excise policy was designed with deliberate loopholes to benefit AAP leaders and promote cartel formations. They allege AAP leaders received kickbacks from liquor businesses in exchange for favorable treatment, such as license fee waivers, discounts, and COVID-19 relief measures. The investigation further accuses AAP leaders of using funds from these kickbacks to influence elections in Punjab and Goa in early 2022.
Additionally, the ED alleges that wholesale liquor distribution rights were granted to private entities with a fixed 12% margin, involving a 6% kickback to AAP leaders.
The money laundering investigation follows a CBI probe initiated at the recommendation of Delhi Lieutenant Governor VK Saxena.
Delhi Excise Policy Case
Delhi Excise Policy case, commonly referred to as the ‘Excise Scam,’ involves allegations of corruption and irregularities in the formulation and implementation of Delhi’s 2021-2022 excise policy. The policy, introduced in November 2021, aimed to privatize the liquor trade by allowing private vendors to operate liquor shops, thereby increasing government revenue.
In March 2024, Delhi Chief Minister Arvind Kejriwal was arrested by the ED in connection with the case, marking the first arrest of a sitting Indian chief minister. He was later granted interim bail by the Supreme Court but remains under investigation.
Several AAP leaders, including Manish Sisodia and Sanjay Singh, have also been jailed in connection with the case.
