NEW DELHI: The Union home ministry has granted approval to the Enforcement Directorate (ED) to prosecute former chief minister and AAP coordinator Arvind Kejriwal along with former deputy chief minister of Delhi. Manish Sisodia under the Money Laundering Prevention Law (PMLA) in connection with the alleged liquor scam, news agency ANI reported citing sources.
A special PMLA court in Delhi had earlier stayed the framing of charges against Kejriwal after he moved the Delhi high court. Kejriwal had argued that the trial court’s cognizance of the charge sheet was invalid due to the absence of a specific penalty for prosecution under the PMLA.
The CBI, which had filed a case against Kejriwal under the Prevention of Corruption Act, obtained the necessary 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 benefited 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 states that ED requires specific sanction from the competent authority to prosecute persons under the PMLA. This ruling has led several defendants in PMLA cases to apply for the charges brought against them to be quashed. Kejriwal’s argument is that the CBI sanction does not automatically authorize ED prosecution under the PMLA, and the agency must obtain separate approval.
Last year, the Supreme Court granted Kejriwal bail in separate cases filed by ED and CBI in connection with the alleged excise policy scam. Currently, Kejriwal has a plea pending before the Delhi High Court, seeking quashing of an order of a trial court which took cognizance of the ED chargesheet without obtaining prior sanction for prosecution.