Delhi: Kejriwal battles excise policy case, seeks to quash ED’s reports over lack of sanction, moves to high court

New Delhi: Former Delhi Chief Minister Arvind Kejriwal has approached the Delhi High Court, seeking to quash a city court’s order that took cognisance of the Enforcement Directorate’s (ED) seventh supplementary charge sheet in the excise policy case. Kejriwal argues that the ED did not secure the necessary sanction before filing the charge sheet, a procedural oversight that he claims undermines the validity of the case.

Charge Sheet and Court Orders

On July 9, a city court took cognisance of the ED's charge sheet and issued production warrants against Kejriwal. The court noted that there was sufficient evidence to proceed with charges against the Aam Aadmi Party (AAP) leader. The charge sheet, spanning 200 pages, accused Kejriwal and AAP of involvement in a corruption conspiracy tied to the controversial Delhi excise policy.

Court Denies Immediate Relief

In response to Kejriwal’s plea, the Delhi High Court refused to immediately halt the proceedings in the case. This move follows the Enforcement Directorate’s efforts to pursue the case despite Kejriwal’s objections over the lack of prior sanction. On November 12, the high court declined to stay the trial proceedings, which further complicates the legal battle for the AAP leader.

Supreme Court’s Ruling and Kejriwal’s Defense

Kejriwal's legal team referenced the recent ruling by the Supreme Court in the Bibhu Prasad Acharya case (2024), which established that prior sanction is mandatory for prosecuting public servants under the Prevention of Money Laundering Act (PMLA). The Supreme Court's decision reinforced the need for safeguards in prosecuting public servants for money laundering, further complicating the ED’s case against Kejriwal.

Arvind Kejriwal’s Arrest and Bail

The ongoing investigation into Kejriwal stems from allegations of misconduct linked to the Delhi excise policy for 2021-22, which was later scrapped. The case was initially probed by the Central Bureau of Investigation (CBI) following the Delhi Lieutenant Governor’s recommendation. Kejriwal was arrested by the ED on March 21, and by June 26, the CBI took him into custody. Despite his arrests, Kejriwal was granted interim bail by the Supreme Court on July 12, due to his lengthy detention.