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Arvind Kejriwal seeks quashing of order over ED’s supplementary charge sheet
Former Delhi CM Arvind Kejriwal cited lack of sanction while seeking to quash a court’s order taking cognisance of the ED’s seventh supplementary charge sheet.
Former Delhi chief minister Arvind Kejriwal has approached the Delhi high court seeking to quash a city court’s order taking cognisance of the Enforcement Directorate (ED)’s seventh supplementary charge sheet in the Delhi excise policy case, citing lack of sanction.
On July 9, the city court took cognisance of the charge sheet and issued production warrants against Kejriwal noting that there was sufficient material on record to proceed against the accused. The ED filed a 200-page charge sheet naming Kejriwal and the Aam Aadmi Party (AAP) as accused on May 17.
The high court on November 12 refused to immediately stay trial court proceedings against Kejriwal in a case ED filed against him for allegedly disobeying the agency’s summons in the excise policy case.
Kejriwal’s fresh plea referred to the Supreme Court’s ruling in the Bibhu Prasad Acharya case (2024) that said prior sanction was required to prosecute public servants for money laundering. The top court established a key procedural safeguard under the stringent Prevention of Money Laundering Act (PMLA) and added a layer of accountability to prosecutions involving public servants.
Kejriwal’s plea said the city court erred in taking cognisance without the ED obtaining previous sanctions.
The ED arrested Kejriwal on March 21 before the Central Bureau of Investigation (CBI) took him into custody on June 26. On July 12, the Supreme Court granted interim bail to Kejriwal in the ED case, acknowledging that he has spent over 90 days in incarceration. The court reiterated bail is the rule, and jail an exception while granting Kejriwal bail in the CBI case on September 12.
The case against Kejriwal stemmed from allegations of irregularities in Delhi’s now-scrapped excise policy of 2021-22. The CBI began probing the case following the Delhi lieutenant governor’s recommendation in July 2022.
