In more trouble for former Delhi Chief Minister Arvind Kejriwal, Lieutenant Governor Vinai Kumar Saxena has sanctioned the Enforcement Directorate (ED) to prosecute him in the alleged money laundering case linked to the liquor policy scam case. This comes just a month before Assembly elections in Delhi. The Aam Aadmi Party, however, claimed that there was no such sanction and challenged the ED to show a copy of the sanction.
On its part, AAP leaders Saurabh Bharadwaj, Priyanka Kakkar, Atishi and Manish Sisodia claimed that ED is “spreading fake news”. They said that a copy of the permission should be given to them if such an order has been passed. The liquor policy scam has been among the biggest allegations made by the opposition BJP against the AAP government.
According to officials, the ED had, on December 5, sought permission to prosecute Kejriwal, writing to Delhi Chief Secretary Dharmendra in his capacity as Chief Vigilance Officer in this regard. A case under Prevention of Money Laundering Act (PMLA) charges was earlier filed against Kejriwal, but the trial had not started. After the Supreme Court made the Lt Governor’s approval mandatory to prosecute individuals holding government posts in money laundering cases, the ED wrote to the Chief Secretary asking for permission, said sources.
Citing a November 6 Supreme Court judgment, the ED sought sanction for prosecution under the Prevention of Money Laundering Act (PMLA), 2002, on December 5. In its letter to the Lt Governor, the ED said it found a “huge level of corruption in framing and implementation” of the excise policy.The Supreme Court on November 6 ruled that public servants cannot be prosecuted for money laundering without prior approval from the government, as required under the Code of Criminal Procedure (CrPC). Earlier, prosecution sanction was not needed for chargesheets (prosecution complaints) filed by the ED against public servants. It was mandated for other investigative agencies, like the Central Bureau of Investigation (CBI) and state police.
The ED in its note to Chief Secretary of Delhi, sought approval from the competent authority to prosecute former Delhi CM Arvind Kejriwal under section 197 ( 1) of CrPC (Section 218 of BNSS 2023) in a case related to liquor policy scam case.
“Sanction may be required for prosecution to Kejriwal, for offence of Money Laundering under Section 4 of PMLA, 2002 read with Section 197(1) of Cr. P.C. (Section 218 of BNSS, 2023) in the case of ECIR No. ECIR/HQ14/2022 dated 22.08.2022. Therefore, you are requested to grant sanction for prosecution to Sh. Arvind Kejriwal, Ex- CM, Govt, of NCT of Delhi in ECIR No. ECIR/HQ 14/2022 dated 22.08.2022, for the offence of money laundering as define under Section 3 of PMLA, 2002 and the offence is punishable under section 4 of PMLA Act, 2002,” the ED said.
Meanwhile, the BJP doubled down on its charges against the AAP with Delhi BJP chief Virendra Sachdeva welcoming the sanction to prosecute Kejriwal.
“We have been saying that Arvind Kejriwal took commission in liquor scam. As the investigation progresses, he would be trapped. He has spoiled Delhi, and looted crores of rupees, we welcome the investigation,” said Sachdeva.
Former Delhi Deputy Chief Minister Manish Sisodia alleged that the move was to distract attention from Union home minister Amit Shah’s statement on BR Ambedkar in Parliament. Chief Minister Atishi said the news was being spread to distract people from other issues and called on the ED to make the approval letter public.
“If LG sahab has given permission to prosecute Arvind Kejriwal ji, then what is the problem for ED in making the copy of the approval public? This news is being spread only to mislead people and distract them from the issues. BJP, stop these conspiracies. Bring out the truth,” said the CM on X.
Calling it a bid to divert attention from the issue of the alleged insult to BR Ambedkar, former Delhi minister and AAP leader Manish Sisodia asked the ED to show the copy of the permission. “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 said.
Delhi Congress president Devendra Yadav also lashed out at the Kejriwal saying LG’s nod has come at the time when Kejriwal was fooling the voters with many promises to cover up his tainted image on the eve of the Delhi Assembly elections.
The Delhi High Court recently issued a notice regarding a plea from AAP leaders Kejriwal and Sisodia, contesting the trial court’s decision to take cognisance of the ED’s chargesheet in the excise policy case. Both leaders are currently out on bail in relation to cases filed by the ED and the Central Bureau of Investigation (CBI) over the now-scrapped excise policy.
The ED also alleged in the prosecution complaint that about Rs 45 crore from the proceeds of crime were used in the Goa elections for AAP campaigning with the collusion and concurrence of Kejriwal. The investigating agency alleged that AAP was the “major bene ficiary” of the proceeds of crime, and Kejriwal, being the national convener and a member of the political affairs committee and national executive, was ultimately responsible for the utilisation of funds during the Goa elections.
On the basis of an internal report of then chief secretary Naresh Kumar, the LG in July 2022 recommended a CBI inquiry into alleged procedural lapses and violations of rules and acts in the formulation and implementation of the Delhi Excise Policy 2021-22. Kejriwal was arrested in March this year on charges of money laundering. He was granted bail by the Supreme Court in Sept.
