New Delhi [India]: Former Delhi CM Arvind Kejriwal on Wednesday has approached the Delhi High Court, challenging the trial court's decision to take cognizance of the Enforcement Directorate's prosecution complaints in the Excise Policy case, citing lack of sanction.
Kejriwal is seeking the court's direction to quash the trial court's order and halt the proceedings. Hearing on the plea is expected tomorrow.
The plea argued that the trial court judge, in the impugned order, erred in taking cognizance of the offence under Section 3 of the PMLA, punishable under Section 4 of the PMLA, without obtaining prior sanction under Section 197(1) of the CrPC for the prosecution of the petitioner. This was particularly relevant as the petitioner, Arvind Kejriwal, was a public servant (the Chief Minister) at the time of the alleged offence.
On November 12, the Delhi High Court sought a response from the Enforcement Directorate (ED) regarding a plea filed by AAP leader Arvind Kejriwal, challenging the summons issued to him in connection with the agency's money laundering case related to the alleged excise scam.
Arvind Kejriwal is currently out on bail in both the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the now-scrapped excise policy.
According to the Enforcement Directorate (ED), the Excise Policy was deliberately designed with loopholes to benefit AAP leaders and foster cartel formations. The ED accused AAP leaders of receiving kickbacks from liquor businesses in exchange for preferential treatment, including discounts, license fee waivers, and relief during the Covid-19 disruptions.
The ED further alleged that the "scam" involved awarding wholesale liquor distribution rights to private entities with a fixed 12% margin, in return for a 6% kickback. Additionally, AAP leaders were accused of influencing the outcome of elections in Punjab and Goa in early 2022. (ANI)
