On Monday, the Delhi High Court issued a notice to the Enforcement Directorate (ED) in connection with a petition filed by former Delhi Deputy Chief Minister Manish Sisodia.
Sisodia, who faces charges in the ongoing Excise Policy case, has challenged the trial court’s decision to take cognizance of the chargesheet filed by the ED, citing the absence of necessary approval for his prosecution.
A bench of Justice Manoj Kumar Ohri scheduled the hearing for December 20, 2024, noting that a similar petition filed by Arvind Kejriwal will also be heard on the same day.
In his plea, Senior Advocate Vikram Chaudhari argued that the authorities filed the chargesheet without obtaining the necessary sanction required to prosecute a public servant.
The petition stated that the allegations against Sisodia relate to actions he undertook as part of his official duties.
Chaudhari further argued that the Enforcement Directorate filed the supplementary prosecution complaint in violation of legal norms, as it lacked prior sanction from the proper authority.
The petition claimed that the trial court’s decision to proceed with the case without the required sanction was a violation of established legal precedents, rendering the chargesheet and all subsequent proceedings unlawful.
Sisodia’s petition seeks the quashing of all proceedings related to the case, both prior to and after the order passed by the trial court.
The petition argues that the trial court failed to obtain the mandatory sanction before taking cognizance of the chargesheet.
The Delhi High Court’s notice to the Enforcement Directorate marks a significant legal development.
The court has set the matter for further hearing on 20 December 2024, when both sides will present their arguments regarding the lack of sanction in this case.
This legal challenge has wider implications, as it addresses the proper procedures for prosecuting public servants, particularly those in high political positions.
Sisodia, a prominent leader of the Aam Aadmi Party (AAP), has been in judicial custody since February 2023, alongside several others, in connection with alleged irregularities in the Delhi Excise Policy for 2021-22.
He faces charges of money laundering and corruption under various sections of the Prevention of Money Laundering Act (PMLA).
In August 2023, the Supreme Court granted Sisodia bail in two related cases filed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate.
Despite the bail, Sisodia’s legal battle continues, with the Delhi High Court’s upcoming hearing on 20 December poised to address crucial aspects of the case.
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