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Union home ministry gives go ahead to ED to prosecute Kejriwal

Jan 15, 2025 11:40 AM IST

Delhi Liquor Policy Case: The move comes months after the Supreme Court ruled that ED also has to take prior sanction for prosecution in money laundering cases.

Delhi Liquor Policy Case: The Union home ministry has given the go-ahead to the Enforcement Directorate (ED) to prosecute former chief minister Arvind Kejriwal over the alleged irregularities in the now-scrapped Delhi excise policy 2021-22, people familiar with the matter said on Wednesday.

Delhi liquor policy case: Arvind Kejriwal was arrested by the ED in March last year under PMLA. (Hindustan Times)
Delhi liquor policy case: Arvind Kejriwal was arrested by the ED in March last year under PMLA. (Hindustan Times)

The move comes months after the Supreme Court on November 6 ruled the ED also has to take prior sanction like the Central Bureau of Investigation (CBI) for prosecution under section 197 (1) of the Criminal Procedure Code (now section 218 of Bharatiya Nagarik Suraksha Sanhita) in money laundering cases. The framing of charges against Kejriwal in the excise policy case was pending in a Delhi court in the absence of the sanction.

HT on Tuesday reported that ED will seek sanction against all public servants before filing charge sheets in its Prevention of Money Laundering Act (PMLA) cases.

Lieutenant governor V K Saxena last month gave the nod to the agency to prosecute Kejriwal. The CBI got the sanction for the same in August 2024 against Kejriwal in its parallel corruption case related to the excise policy.

ALSO READ | Not filing charge sheets against officials without prior sanctions, says ED

The ED arrested Kejriwal, who is out on bail, on March 21 under PMLA and named him in a charge sheet on May 17 claiming that 45 crore out of the alleged 100 crore bribe taken for favouring certain liquor traders was used for Aam Aadmi Party (AAP)’s Goa poll campaign. The ED said Kejriwal was ultimately responsible for funds being used and generated as the national convenor and member of AAP’s national executive. It called Kejriwal the brain behind the AAP and controlling its activities.

The ED said Kejriwal was also one of the founding members and involved in the decision-making of the policy, citing the statements of the witnesses. It accused Kejriwal of demanding kickbacks. It claimed proceeds of crime worth 1,100 crore have been identified.

The ED called Kejriwal the “kingpin” of the excise policy-related irregularities. It said that Kejriwal, his then deputy Manish Sisodia, and former AAP media in charge, Vijay Nair, asked for “additional” money “over and above” 100 crore kickbacks for their election funding.

The agency alleged that Vinod Chauhan, a “close associate” of Kejriwal, handled the transfer of 25.5 crore bribe money for AAP from Delhi to Goa. Kejriwal has denied all the charges against him.

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