Delhi HC Declines Immediate Stay on ED Case Against Former CM Arvind Kejriwal Over Excise Policy

The Delhi High Court on Thursday declined to immediately stay the ongoing proceedings against former Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal in connection with a money laundering case tied to alleged irregularities in the Delhi Excise Policy 2021-22.

Justice Manoj Kumar Ohri issued a notice to the Enforcement Directorate (ED), asking for their response to Kejriwal’s petition challenging a trial court’s decision to take cognizance of the chargesheet in the case. The next hearing has been scheduled for December 20.

Kejriwal, in his plea, has sought to overturn the trial court’s order, arguing that it took cognizance of the chargesheet without the necessary sanction required for prosecuting a public servant. Kejriwal’s counsel emphasized that the prosecution was initiated without the sanction mandated under Section 197 of the Criminal Procedure Code (CrPC), asserting that the allegations relate to acts performed in his official capacity.

Solicitor General Tushar Mehta, representing the ED, countered that the sanction had been duly obtained and indicated an affidavit would be filed to substantiate the claim. However, Kejriwal’s legal team argued that the sanction was not presented alongside the supplementary chargesheet, suggesting it was not in place at the time of filing.

During the hearing, Kejriwal’s lawyer highlighted that the seventh supplementary chargesheet filed by the ED mirrored its predecessor and contained no fresh evidence or witness testimony. This claim was refuted by Mehta, who maintained that further investigation had been conducted.

The court also advised Kejriwal’s counsel to request exemptions from personal appearances at the trial court directly, as it declined to grant any such relief during the proceedings.

The ED case, stemming from a CBI investigation, alleges corruption in the formulation and implementation of the Delhi Excise Policy. The policy, introduced in November 2021, was later scrapped in September 2022 amid mounting allegations of irregularities. The investigative agencies claim undue favors were extended to license holders during its execution.

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The Supreme Court had previously granted Kejriwal interim bail in both the ED and CBI cases earlier this year.