Arvind Kejriwal in trouble before Delhi elections as MHA approves ED prosecution of former Delhi CM in liquor scam case

Delhi liquor scam case: The home ministry has granted permission to the Enforcement Directorate (ED) to prosecute former Delhi Chief Minister Arvind Kejriwal under the Prevention of Money Laundering Act (PMLA), ToI reported. The move comes in connection with alleged money laundering linked to the controversial liquor scam case.The ED’s case had been temporarily stalled by a special PMLA court in Delhi, which had paused the framing of charges against Kejriwal. This decision followed Kejriwal’s petition to the Delhi High Court, where he argued that the trial court had acted without obtaining the specific sanction required for prosecution under the PMLA.

With the MHA’s nod, the ED can now proceed with its case against Kejriwal, intensifying the legal battle for the Aam Aadmi Party (AAP) leader, just ahead of the Delhi elections, potentially affecting his political standing and the party’s image.

The Central Bureau of Investigation (CBI), which filed a chargesheet against Kejriwal under the Prevention of Corruption Act, had received the necessary sanction in August 2023. However, Kejriwal and the Aam Aadmi Party (AAP) have been accused of receiving bribes from the “South Group” — a cartel that controlled the sale and distribution of liquor in Delhi. The cartel allegedly benefited from the excise policy implemented by the Delhi government for 2021-22.

Kejriwal’s defense rested heavily on a Supreme Court order from November 6, which stated that the ED must secure specific permission to prosecute under the PMLA. He argued that the CBI’s sanction did not automatically apply to the ED and that the agency needed separate approval to proceed with the trial.

The apex court’s ruling has also impacted other cases, as it emphasized the need for the ED to seek specific approval from the competent authority under Section 197(1) of the Criminal Procedure Code (CrPC) for prosecuting public servants. Following this judgment, many accused under the PMLA have sought to have chargesheets against them quashed.Sources reveal that the ED has requested permissions “without prejudice” in all its money laundering cases involving public servants, as required by the Supreme Court judgment, according to ToI. Alongside Kejriwal’s case, the home ministry is also processing similar requests to prosecute former finance minister P Chidambaram and Jharkhand Chief Minister Hemant Soren.The ED is reportedly also seeking sanctions against several politicians and senior IAS officers in states like Chhattisgarh and Maharashtra. Additionally, the agency is preparing to file a review petition against the Supreme Court judgment, which has led to an increase in litigation by accused individuals seeking to nullify charges against them.

(with ToI inputs)