Former Delhi Chief Minister Arvind Kejriwal has moved the Delhi High Court, challenging a city court’s order taking cognisance of the Enforcement Directorate’s (ED) seventh supplementary charge sheet in the Delhi excise policy case. Kejriwal has cited the absence of mandatory sanction for prosecuting public servants as grounds for quashing the order.
The supplementary charge sheet, a 200-page document filed by the ED on May 17, names Kejriwal and the Aam Aadmi Party (AAP) as accused. The city court had taken cognisance of the charge sheet on July 9, issuing production warrants against Kejriwal, stating there was sufficient material to proceed against him.
The Delhi High Court on November 12 declined to stay the trial court proceedings, including ED’s case against Kejriwal for allegedly defying agency summons related to the excise policy probe.
Kejriwal’s petition draws attention to a Supreme Court ruling in the Bibhu Prasad Acharya case (2024), which emphasized the necessity of prior sanction to prosecute public servants under the Prevention of Money Laundering Act (PMLA). The judgment highlighted this procedural safeguard as essential for accountability in cases involving public servants.
The case has sparked significant political and legal debates, with Kejriwal and AAP alleging that the investigation is politically motivated, while ED asserts its findings are based on substantial evidence of financial misconduct. The Delhi High Court is yet to schedule a hearing on Kejriwal’s fresh plea.
