Ahead of the 2025 Delhi Assembly elections, Delhi Lieutenant Governor (LG) VK Saxena has given the Enforcement Directorate (ED) permission to prosecute Aam Aadmi party chief and former Delhi Chief Minister Arvind Kejriwal in the excise policy case.
On December 5, the ED sought sanction for the prosecution of Kejriwal in connection with the case, following months of investigations into the controversial excise policy and allegations of corruption.
The AAP, however, denied the sanction, accusing the ED of negligence in its investigation. The party highlighted that several senior leaders, including Kejriwal and his former deputy Manish Sisodia, had been jailed in connection with the case.
On its part, the AAP claimed that there was no such sanction, accusing the ED of callousness in investigating the case in relation to which several senior leaders from the party were jailed, including Kejriwal and his former deputy Manish Sisodia.
“It is to inform that this office has filed the Prosecution Complaint (SPC-7) against Sh. Arvind Kejriwal (Accused No. 37) on, 17.05.2024 in the case M/s Indo-Spirits and Others for irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22” the request for sanction stated.
The ED further stated that a Special Court had taken cognizance of the Prosecution Complaint filed on July 9, 2024. Additionally, the Supreme Court, in its ruling on the case of ED vs. Bibhu Prasad Acharya & others, clarified that the provisions of the CrPC apply to Section 65 of the PMLA, and that Section 71(1) “cannot override the provisions of the CrPC applicable to the PMLA,” as per its judgment dated November 6, 2024.
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“In view of the above fact and circumstances, Sanction may be required for prosecution to Sh. Arvind Kejriwal, former CM, Govt. of NCT of Delhi, for offence of Money Laundering under Section 4 of PMLA…” the sanction added.
‘Attempt to politically malign the AAP government’
Commenting on the development, the AAP stated, “The fact that they are talking about a prosecution sanction almost a year after the filing of the complaint shows the callousness with which the Enforcement Directorate is handling this case.”
The party further called it an attempt to “politically malign the AAP government” and accused the ED of “breaching every procedural norm” while subjecting them to harassment under the guise of an investigation.
“The so-called liquor scam investigation has dragged on for two years, harassing 500 people, filing 50,000 pages of documents, and conducting over 250 raids, not a single penny has been recovered,” the AAP alleged.
In a related development, the Delhi High Court granted the ED more time to respond to a petition filed by Arvind Kejriwal and Manish Sisodia. The petition challenges the trial court’s decision to take cognizance of the chargesheets in the Delhi Excise Liquor Policy case.
The matter has been scheduled for hearing on February 5 before Justice Manoj Kumar Ohri.
The Delhi High Court had earlier issued a notice regarding the plea from Kejriwal and Sisodia, who are challenging the trial court’s decision to accept the ED’s chargesheet in the alleged excise policy scam. Both Kejriwal and Sisodia are currently out on bail in the cases filed by the ED and the Central Bureau of Investigation (CBI) related to the now-abandoned excise policy.
The ED claims that the excise policy was intentionally structured with loopholes to benefit AAP leaders and facilitate cartel formations. The agency alleges that AAP leaders received kickbacks from liquor businesses in exchange for preferential treatment, including discounts, license fee waivers, and concessions during the Covid-19 disruptions.
Additionally, the ED accuses AAP leaders of awarding wholesale liquor distribution rights to private entities with a fixed 12% margin in return for a 6% kickback. The agency further alleges that the accused were involved in influencing election outcomes in Punjab and Goa in early 2022.
