Arvind Kejriwal Seeks Quashing of Order on ED’s Charge Sheet in Excise Policy Case

Former Delhi CM Arvind Kejriwal has approached the Delhi High Court to quash a city court's order acknowledging the ED's charge sheet in the excise policy case, emphasizing the absence of required sanctions for prosecution under the PMLA. The case continues to spotlight procedural safeguards and political accountability.

Former Delhi Chief Minister Arvind Kejriwal has petitioned the Delhi High Court to overturn a city court's decision to take cognizance of the Enforcement Directorate's (ED) seventh supplementary charge sheet in the Delhi excise policy case. Kejriwal argues the lack of prior sanction to prosecute, citing a recent Supreme Court ruling in the Bibhu Prasad Acharya case, which mandates prior approval under the Prevention of Money Laundering Act (PMLA) for public servants.

The city court had on July 9 deemed there was sufficient evidence to proceed and issued production warrants against Kejriwal. The ED's 200-page charge sheet, filed on May 17, accuses Kejriwal and the Aam Aadmi Party (AAP) of irregularities in the 2021-22 excise policy.

While the Delhi High Court refused to stay trial proceedings on November 12, Kejriwal's plea challenges the procedural legality of the case. It highlights the Supreme Court's emphasis on accountability in prosecuting public servants under the PMLA.

Kejriwal was arrested by the ED on March 21, followed by the CBI on June 26. The Supreme Court granted him interim bail in the ED case on July 12, underscoring the principle that "bail is the rule, jail an exception." He also secured bail in the CBI case on September 12.

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The case arose from alleged irregularities in Delhi’s now-scrapped excise policy, which the CBI began investigating in July 2022 upon the Delhi lieutenant governor’s recommendation.