Delhi HC issues notice to ED on Sisodia’s plea

A bench of justice Manoj Kumar Ohri directed ED to respond and scheduled the next hearing for December 20

The Delhi high court on Monday issued a notice to the Enforcement Directorate (ED) on a plea filed by former Delhi deputy chief minister Manish Sisodia, challenging a city court’s decision to take cognisance of the probe agency’s charge sheet in the Delhi excise policy case.

Sisodia contended that ED failed to obtain the requisite sanction under Section 197 before prosecuting him, despite his status as a public servant at the time of the alleged offences. (PTI)

A bench of justice Manoj Kumar Ohri directed ED to respond and scheduled the next hearing for December 20. On the same day, the court will also hear a plea by AAP chief Arvind Kejriwal seeking similar relief.

The adjournment was requested by ED’s special counsel, citing the unavailability of additional solicitor general (ASG) SV Raju. Zoheb Hossain submitted that the delay would not prejudice Sisodia, as the city court proceedings were still at the stage of document supply. In his petition before the high court, Sisodia had sought to quash the lower court’s order, arguing that the alleged money laundering offences occurred during his tenure as a public servant and thus required prior sanction under Section 197(1) of the Code of Criminal Procedure (CrPC).

Section 197(1) of CrPC mandates that no prosecution against a public servant can proceed without obtaining prior sanction from the competent authority. The provision corresponds to Section 218 of BNSS, 2023, which replaced CrPC from July 1.

This provision, upheld by the Supreme Court in its November 6 ruling in the Bibhu Prasad Acharya matter, mandates that prior sanction before prosecuting public servants.

Citing this precedent, former Delhi chief minister Arvind Kejriwal and Congress leader P Chidambaram have also approached courts for relief in cases like the excise policy, INX Media, and Aircel-Maxis matters. Chidambaram successfully secured a stay on trial proceedings against him in the Aircel-Maxis case.

Sisodia contended that ED failed to obtain the requisite sanction under Section 197 before prosecuting him, despite his status as a public servant at the time of the alleged offences.

The former deputy chief minister is accused by the ED and the Central Bureau of Investigation (CBI) of formulating the now-scrapped 2021-22 excise policy to benefit private retailers by increasing commission rates from 5% to 12%.

Arrested in February 2023, Sisodia has denied any wrongdoing.

The Supreme Court granted him bail on August 9, noting his 17-month incarceration and the improbability of the trial commencing soon due to the extensive volume of evidence and a lengthy list of witnesses. It emphasised the fundamental right to a speedy trial under Article 21 of the Constitution.