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ED Gets Delhi L-G's Nod To Prosecute Arvind Kejriwal In Liquor Policy Case Ahead Of Key Assembly Polls

The Enforcement Directorate (ED) has received approval from Delhi's Lieutenant Governor, VK Saxena, to prosecute former Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal in connection with the liquor policy case, sources confirmed.

This development comes just weeks before the important Delhi Assembly elections, where the AAP is aiming to secure a fourth consecutive term, facing a strengthened BJP, reported India Today.

Arvind Kejriwal with Delhi Lt Governor VK Saxena
Photo Credit: PTI

Referring to a Supreme Court ruling on November 6, the ED sought sanction for prosecution under the Prevention of Money Laundering Act (PMLA), 2002, on December 5. In its letter to the Lieutenant Governor, the ED stated it had discovered a "huge level of corruption in framing and implementation" of the excise policy.

The Supreme Court's November 6 ruling clarified that public servants cannot be prosecuted for money laundering without prior approval from the government, as required under the Code of Criminal Procedure (CrPC).

Previously, such approval was not needed for charge sheets (prosecution complaints) filed by the ED against public servants, though it was mandatory for other agencies like the Central Bureau of Investigation (CBI) and state police.

Arvind Kejriwal was arrested by the ED on March 21 and the CBI on June 26, in relation to money laundering and corruption charges stemming from the alleged excise policy scam. He has since been granted bail by the Supreme Court in both cases.

In November, Kejriwal approached the Delhi High Court, seeking to quash a trial court's order that had taken cognisance of the ED's seventh supplementary charge sheet in the case.

In his plea, Kejriwal argued that the trial court had taken cognisance of the charge sheet without the necessary sanction for his prosecution, as he was a public servant when the alleged offence occurred. The ED had requested time to collect information to respond to the petition.

The trial court had taken cognisance of the charge sheet on July 9, observing that there was enough material on record to proceed with the case against Kejriwal.

The ED had filed a 200-page charge sheet, naming Kejriwal and the Aam Aadmi Party (AAP) as accused.

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