New Delhi: In what may be a setback to the Aam Aadmi Party (AAP) ahead of the crucial Delhi Assembly polls, the ED has reportedly got the sanction from Delhi Lt Governor VK Saxena for the prosecution of former Delhi Chief Minister and AAP leader Arvind Kejriwal in the liquor policy case.
Earlier, the ED had sought sanction for the prosecution citing a November 6 Supreme Court judgment under the Prevention of Money Laundering Act (PMLA), 2002, on December 5. The ED had mentioned, in its letter to the Lt. Governor that it found a ‘huge level of corruption in framing and implementation’ of the excise policy.
The Supreme Court on November 6 had ruled that public servants cannot be prosecuted for money laundering without prior nod from the government. Earlier, prosecution sanction was not needed for chargesheets filed by the ED against public servants. It was, however, mandatory for other investigative agencies, like the Central Bureau of Investigation (CBI) and the state police.
Arvind Kejriwal was arrested by the ED and the CBI on March 21 and June 26, respectively, in the money laundering and graft cases linked to the alleged excise policy scam. The Supreme Court had granted him bail in both the cases recently.
In November, Kejriwal moved the Delhi High Court seeking to quash a trial court’s order. The trial court had taken cognisance of the ED’s seventh supplementary charge sheet in the case.
Kejriwal had argued in his plea that cognisance of the chargesheet was taken by the court without the required sanction for his prosecution as he was a public servant when the alleged graft was committed. The ED had sought time to reply to the petition.
On July 9, the trial court had noted that there was sufficient material on record to proceed against Kejriwal. The ED had filed a 200-page charge sheet naming Kejriwal and the AAP as accused.
‘Bid to divert attention from the Ambedkar issue’
As reports claiming that the Lt. Governor has given such permission surfaced, former Delhi minister and AAP leader Manish Sisodia asked the ED to show the copy of the permission and called it to be an attempt to divert attention from the Ambedkar issue.
“If the Lt Governor has given permission to prosecute Arvind Kejriwal, then why is the ED not showing the copy of that permission? It is clear that this news is false and misleading. Stop making false promises to divert attention from the issue of insult to Baba Saheb,” Sisodia told India Today.
