NEW DELHI: Former Delhi Chief Minister Arvind Kejriwal has approached the High Court, contesting the trial court’s decision to take cognisance of the Enforcement Directorate’s (ED) complaints in the Excise Policy case.
Kejriwal is currently out on bail in cases linked to the excise policy, facing allegations by both the ED and the Central Bureau of Investigation (CBI). While his party has vehemently denied any wrongdoing, calling the investigations politically motivated, the ED maintains that the policy’s loopholes were intentional, enabling a 12% margin for liquor distributors in return for a 6% kickback to AAP leaders.
Kejriwal’s petition argues that the trial court’s actions were procedurally flawed due to the absence of mandatory sanctions required under Section 197(1) of the Criminal Procedure Code (CrPC).
The petition, filed on Wednesday, seeks to quash the trial court’s order and suspend the ongoing proceedings. The High Court is set to hear the plea on Thursday, with the ED expected to respond to the allegations.
Kejriwal’s legal team contends that the trial court erred in invoking provisions of the Prevention of Money Laundering Act (PMLA) against him without obtaining prior sanction for prosecution.
The former CM was a serving public official during the period in question, making the sanction a prerequisite under Indian law.
The plea comes amid intensifying scrutiny of the alleged excise policy “scam,” where the ED has accused AAP leaders of orchestrating a scheme to benefit from kickbacks in exchange for favourable liquor licensing conditions.
According to the ED, the 2021-22 Excise Policy was designed to foster cartelisation and offer undue advantages to private players, with Kejriwal’s party allegedly benefiting financially. These funds, the ED claims, were later used for election campaigns in Punjab and Goa.