HC grants ED time to respond to Kejriwal’s petition

New Delhi: The Delhi High Court on Friday granted the Enforcement Directorate (ED) additional time to file its response to a petition filed by Delhi Chief Minister Arvind Kejriwal and former Deputy CM Manish Sisodia.

The petition challenges the trial court’s decision to take cognizance of the chargesheets in the Delhi Excise Liquor Policy case. The matter will be heard again on February 5 by a bench of Justice Manoj Kumar Ohri.

Earlier, the Delhi High Court had issued a notice on the petition filed by AAP leaders Kejriwal and Sisodia, which contests the trial court’s acceptance of the ED’s chargesheet. The petition argues that the trial court judge erred in taking cognizance of the charges under Section 3 of the Prevention of Money Laundering Act (PMLA) without obtaining prior sanction under Section 197(1) of the Criminal Procedure Code (CrPC) for prosecuting a public servant—specifically Kejriwal, who was serving as Chief Minister at the time of the alleged offense.

Kejriwal and Sisodia, who are currently out on bail in both the ED and Central Bureau of Investigation (CBI) cases related to the now-scrapped excise policy, have contested the charges. The ED claims that the excise policy was intentionally designed with loopholes to benefit AAP leaders and facilitate cartel formations.

The agency alleges that the AAP leadership received kickbacks from liquor businesses in exchange for preferential treatment, such as discounts, license fee waivers, and relief during the COVID-19 disruptions.

Further, the ED accuses the leaders of awarding wholesale liquor distribution rights to private entities with a fixed margin of 12%, in return for a 6% kickback. The agency also alleges that AAP leaders influenced election outcomes in Punjab and Goa in early 2022.