Former Delhi Chief Minister Arvind Kejriwal, currently busy with rallies for the upcoming assembly elections, faces legal challenges as the Home Ministry has granted permission for his prosecution under money laundering charges.
As Kejriwal’s Aam Aadmi Party (AAP) intensifies its election campaign, the development comes with voting set for February 5 and results scheduled for February 8.
The Home Ministry approved to prosecution of Kejriwal under the Prevention of Money Laundering Act (PMLA) after the Enforcement Directorate (ED) made a request. Earlier, Delhi’s Lieutenant Governor, Vinay Kumar Saxena, had also given his consent to prosecute Kejriwal. This comes amid ongoing investigations into the Delhi liquor policy case, where the ED claims to have uncovered significant corruption.
The ED has accused Kejriwal of being the mastermind behind alleged corruption linked to the Delhi Excise Policy of 2021-22. The agency alleges that Kejriwal and his former deputy, Manish Sisodia, made changes to the policy to benefit the South Lobby, which allegedly involved a bribe of Rs 100 crore. The ED arrested Kejriwal in March 2024 and filed a chargesheet against him and others in May 2024.
Kejriwal has contested the charges in the Delhi High Court, seeking to quash the chargesheet. Kejriwal’s petition argues that the lower court wrongly took cognizance of the charge sheet without approval to prosecute under PMLA. The Delhi High Court stayed the process after Kejriwal’s appeal, which followed the Rouse Avenue Court’s initial approval of charges.
Kejriwal’s petition argues that, under Section 197(1) of the CrPC, prior sanction is required to prosecute a public servant. The ED, therefore, proceeded without obtaining this approval. Kejriwal maintains that the trial court’s order was incorrect, as it did not consider this necessary condition.
On January 10, the Delhi High Court issued a notice to the ED and asked for a reply. The court is scheduled to hear the matter on February 11. Kejriwal has argued that the ED did not obtain the required sanction to prosecute him, which makes the lower court’s decision to proceed with the charges untenable.
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