Arvind Kejriwal Seeks Delhi High Court Relief To Quash ED’s Charge Sheet In Excise Case

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 (ED)’s seventh supplementary charge sheet in the controversial Delhi excise policy case. Kejriwal’s legal team argues that the ED did not obtain prior sanction before initiating the case, which is required under the Prevention of Money Laundering Act (PMLA).

The Delhi city court had on July 9 taken cognisance of the charge sheet and issued production warrants against Kejriwal, noting that there was sufficient material on record to proceed with the case. The ED had filed a 200-page charge sheet on May 17, naming Kejriwal and the Aam Aadmi Party (AAP) in connection with the alleged irregularities in Delhi’s excise policy for 2021-22.

Kejriwal’s Legal Plea and Reference to Supreme Court Ruling

Kejriwal’s plea, filed on November 12, refers to the Supreme Court’s recent ruling in the Bibhu Prasad Acharya case (2024), which reinforced the need for prior sanction to prosecute public servants for money laundering. The top court had stated that this procedural safeguard is essential under PMLA to ensure accountability before proceeding with such serious charges.

Kejriwal’s legal team claims that the city court erred by taking cognisance of the charge sheet without ensuring that the ED had obtained the necessary sanctions. The former Delhi CM’s legal strategy centers around this procedural gap, which they argue invalidates the charges against him.

Previous Legal Developments

Kejriwal’s legal troubles began in 2022 when the Central Bureau of Investigation (CBI) initiated an investigation into alleged irregularities in the Delhi excise policy after the Delhi Lieutenant Governor’s recommendation. The ED, which also joined the investigation, arrested Kejriwal on March 21, and the CBI took him into custody on June 26. Kejriwal was granted interim bail by the Supreme Court on July 12, acknowledging that he had already spent more than 90 days in jail. The court noted that bail should be the rule, and imprisonment an exception.

The Supreme Court further extended Kejriwal’s bail in the CBI case on September 12, further easing his legal burden. Despite the bail, the legal proceedings continue to unfold, with the recent developments in the excise policy case potentially having significant political ramifications.

National Political Context

The case has drawn significant political attention, especially as it involves one of India’s prominent political figures. The charges stem from allegations that the Delhi government’s excise policy, which was introduced in 2021-22 but later scrapped, was marred by irregularities. The CBI’s investigation into the matter was triggered by the Delhi Lieutenant Governor’s recommendation, making it a high-profile issue in the ongoing political discourse in the national capital.

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