Arvind Kejriwal, former Chief Minister of Delhi, has approached the Delhi High Court to quash the order passed by the trial court taking cognizance of prosecution by the ED in the Excise Policy case. Kejriwal argued that the trial court took action without the mandatory sanction required under Section 197(1) CrPC for prosecuting a public servant like him. He has requested the court to quash the trial court’s order and stay the proceedings. The court is likely to hear the plea tomorrow.
Kejriwal’s petition points out that the trial court judge had erred in taking cognizance of the offense under Section 3 of PMLA, punishable under Section 4 of the said Act. He said since he was the Chief Minister at the time of the commission of the alleged offense. Prior sanction for prosecution ought to have been accorded to him.
The Delhi High Court on November 12 sought a response from the Enforcement Directorate on a plea by Mr. Kejriwal challenging the summons issued to him by the agency. The summons is in connection with the ED investigation into the alleged excise policy scam, which relates to money laundering charges. Mr. Kejriwal is currently out on bail in both the ED and CBI cases about the now- cancelled excise policy.
ED contends that the excise policy was consciously drafted with loopholes for the benefit of the leaders of the Aam Admi Party. ED has accused AAP leaders of receiving kickbacks from the liquor businesses instead of undue favors extended. Like discounting, license-fee waivers, and concessions during the Covid-19 disruptions. The agency also alleges the “scam” entailed the wholesale liquor distribution rights given to private entities along with a fixed 12% margin in return for a 6% kickback.
Apart from this, ED has brought to light that in 2022, AAP leadership influenced the elections of Punjab and Goa with the motive of earning political benefits. This investigation is much in the limelight as it involves top officials. And big corruption cases related to the Delhi government.
Mr Kejriwal has repeatedly questioned these prosecutions, saying political vendetta lies behind them. The outcome of this legal battle is being watched with bated breath. Because it was a high-profile case that involved massive corruption and misappropriation of funds.
ANI
