The Union Ministry of Home Affairs (MHA) has granted approval to the Enforcement Directorate (ED) to prosecute former Delhi Chief Minister Arvind Kejriwal and his former deputy, Manish Sisodia, under the Prevention of Money Laundering Act (PMLA) in connection with the Delhi excise policy case.
This approval comes a month after Delhi’s Lieutenant Governor V.K. Saxena recommended that the ED be allowed to prosecute Kejriwal in the matter. The development follows Kejriwal’s ongoing legal battle, with a pending plea in the Delhi High Court to quash a trial court’s order that took cognizance of the ED chargesheet without prior sanction for his prosecution.
In a statement, sources revealed that the ED had applied for sanction to prosecute both Kejriwal and Sisodia, and the approval came through in recent days. “Officials were awaiting clearance, which was granted recently,” a source said.
Kejriwal, who heads the Aam Aadmi Party (AAP), was arrested by the ED on March 21, 2024, after failing to comply with multiple summons. He was released on bail by the Supreme Court in July and September of 2024, after being arrested in cases filed by both the ED and the Central Bureau of Investigation (CBI). On September 17, 2024, Kejriwal resigned as Delhi Chief Minister.
Sisodia, who was arrested by the CBI on February 26, 2023, was subsequently detained by the ED. He was granted bail by the Supreme Court on August 9, 2024, due to the protracted nature of the trial.
ED had filed its Prosecution Complaint (SPC) on May 17, 2024, and had written to the Delhi Chief Secretary on December 3 seeking permission to prosecute Kejriwal. The ED’s request cited the legal requirement for sanction before initiating prosecution under PMLA, as clarified by the Supreme Court in its November 2024 judgment.
The ED’s chargesheet is linked to irregularities in the framing and implementation of the excise policy for Delhi in 2021-22. The case involves the alleged laundering of money in the policy’s implementation.
The procedure stipulates that the Lieutenant Governor can recommend to the MHA, the competent authority, to grant prosecution sanction for the Chief Minister.
This significant legal step is a continuation of the investigation into the alleged scam surrounding Delhi’s excise policy, which has been a focal point of political and legal scrutiny in recent years.
