NEW DELHI: The Union home ministry granted approval to the Enforcement Directorate (ED) to prosecute former chief minister and AAP convener Arvind Kejriwal along with former deputy chief minister of Delhi Manish Sisodia under the Prevention of Money Laundering Act (PMLA) in connection with the alleged liquor scam, news agency ANI reported citing sources.
A special PMLA court in Delhi had previously paused the framing of charges against Kejriwal after he moved the Delhi high court. Kejriwal had argued that the trial court’s cognizance of the chargesheet was invalid due to the absence of a specific sanction for prosecution under PMLA.
The CBI, which had filed a chargesheet against Kejriwal under the Prevention of Corruption Act, obtained the requisite sanction for prosecution in August last year. The Aam AAP leader and his party have been accused of receiving bribes from the so-called ‘South Group,’ a cartel that allegedly controlled the sale and distribution of liquor in Delhi. The cartel is said to have benefitted from the excise policy introduced by the Delhi government for 2021-22.
Kejriwal’s legal team has cited a Supreme Court order dated November 6, which stated that ED requires a specific sanction from the competent authority to prosecute individuals under PMLA. This ruling has prompted several accused in PMLA cases to seek the quashing of chargesheets filed against them. Kejriwal’s contention is that the CBI’s sanction does not automatically authorize ED’s prosecution under PMLA, and the agency must secure a separate approval.
Last year, the Supreme Court granted Kejriwal bail in separate cases filed by ED and CBI concerning the alleged excise policy scam. Currently, Kejriwal has a plea pending before the Delhi high court, seeking the quashing of a trial court’s order that took cognizance of the ED’s chargesheet without obtaining prior sanction for his prosecution.
