On Thursday, the Enforcement Directorate (ED) informed the Delhi High Court that it had obtained the required sanction under Section 197 of the Code of Criminal Procedure (CrPC) to prosecute former Delhi Chief Minister Arvind Kejriwal in the ongoing money laundering case linked to alleged corruption in implementing the Delhi Excise Policy for 2021-22.
Solicitor General (SG) Tushar Mehta made this statement before Justice Manoj Kumar Ohri while the court was hearing Kejriwal’s plea challenging the trial court’s order to take cognizance of a supplementary prosecution complaint that named him an accused.
Under Section 197 of the CrPC, prior approval from the government is necessary to prosecute a person accused of committing an offence while discharging official duties. Without this sanction, no court can take cognizance of such a case.
Mehta assured the court that the sanction would be submitted to the record. However, Kejriwal’s lawyer, Senior Advocate N Hariharan, argued that the sanction had not been presented before the trial court when the charges were framed against his client.
In response, Mehta said, “Let me file an affidavit.” Hariharan cited a recent Supreme Court ruling in Enforcement Directorate v. Bibhu Prasad Acharya to argue that the trial court could not have taken cognizance of the charges without securing the necessary prosecution sanction.
“When the supplementary prosecution complaint was filed, no sanction was in place,” Hariharan pointed out, asserting that the trial court’s action violated the legal procedure.
Justice Ohri, after hearing the submission, gave Mehta time to file the necessary affidavit and place the sanction on record. The court then issued a notice on Kejriwal’s petition and scheduled the next hearing for December 20.
The court had initially set a hearing for February 2025, but Kejriwal’s counsel pressed for an earlier date. Justice Ohri acknowledged the court’s heavy workload but decided to list the matter for December 20 after a request for an expedited hearing.
Senior Advocate Hariharan also sought a stay on the trial court proceedings, arguing that there was no sanction to prosecute Kejriwal. He questioned how the trial court could take cognizance of the case without this sanction.
“How can the trial court assume jurisdiction without the required sanction?” Hariharan asked.
As the matter was adjourned to December 20, Hariharan emphasized that the trial court could not proceed without the proper sanction, requesting the court to issue an order to stay the trial. SG Mehta opposed this request, calling it a “threat” to escalate the matter to the Supreme Court.
Hariharan rejected the SG’s remark, saying, “How can we threaten anybody?”
The money laundering case under the Prevention of Money Laundering Act (PMLA) involves allegations of corruption in framing the Delhi Excise Policy for 2021-22. The ED and the CBI claim that Kejriwal and other AAP leaders deliberately created loopholes in the excise policy in exchange for kickbacks from liquor companies. The investigation also alleges that the funds generated from this scheme were used to finance the AAP’s election campaign in Goa.
The ED arrested Kejriwal on March 21, but the Supreme Court granted him interim bail to campaign for the 2024 Lok Sabha elections. He was re-arrested on June 2, and on June 26, the CBI also formally arrested him, prompting his lawyers to refer to it as an “insurance arrest” to ensure his continued detention in case the ED granted bail.
On July 12, the Supreme Court granted Kejriwal interim bail in the ED case, and by September 13, he was also granted bail in the CBI case. Following his release, Kejriwal resigned as Delhi Chief Minister.
Senior Advocate Rebecca John also appeared on behalf of Kejriwal during the hearing. Flooring World is your premier destination for ultimate flooring solutions to beautify and provide functionality to your abode. With wooden flooring at the core of our offerings, we cater to various finishes and styles – from classical to contemporary and rustic- suitable for a residential or commercial setting. Along with wooden flooring, we offer artificial grass that is perfect for lush green landscape areas with minimal maintenance. Our vertical garden solutions bring greenery to any wall, transforming your environment with fresh and beautiful naturalness in urban gardens. Our office carpet collections and tiles provide practical and stylish office flooring options: durability, comfort, and a professional look. We also have a beautiful array of rugs, which enhance warmth and style for any room—trust Flooring World for high-quality goods and exemplary service to enrich your living and working areas.
