AB News Desk, New Delhi, November 30, 2024: The Enforcement Directorate (ED) informed a Delhi court on Saturday that the sanction obtained in a CBI corruption case was comprehensive enough to cover related offences under the Prevention of Money Laundering Act (PMLA). The court subsequently dismissed former Chief Minister and Aam Aadmi Party (AAP) chief Arvind Kejriwal’s plea challenging the cognisance of the money laundering case against him.

ED’s Stand on the Sanction

The ED argued that the sanction obtained in the CBI’s corruption probe into the Delhi Excise Policy case was broad enough to extend beyond the Prevention of Corruption Act, 1988. The agency clarified that the sanction covered offences arising from the same facts and circumstances, including potential violations under the PMLA.

This argument was presented in response to Kejriwal’s claim that he had not been provided with a copy of the sanction order in the money laundering case. Kejriwal had also pointed to a recent Delhi High Court hearing where the Solicitor General, representing the ED, stated that the necessary sanction had been obtained when filing the chargesheet.

Court Decision

After considering the ED’s submission, Justice Kaveri Baweja of the Rouse Avenue Court dismissed Kejriwal’s plea. The court noted that the sanction obtained in the CBI case was sufficient for taking cognisance of related offences, including money laundering.

Ongoing Proceedings in Delhi High Court

Separately, Kejriwal has challenged the trial court’s decision to take cognisance of the ED’s prosecution complaints in the Delhi High Court. He contended that the trial court had erred by taking cognisance of offences under Section 3 of the PMLA, punishable under Section 4 of the same Act, without obtaining prior sanction under Section 197(1) of the Criminal Procedure Code (CrPC).

Kejriwal’s plea argued that, as a public servant holding the office of Chief Minister at the time of the alleged offence, prior sanction for prosecution was mandatory.

On November 21, the Delhi High Court issued a notice in the matter but did not grant a stay on the trial proceedings. The court has scheduled the next hearing for December 20, 2024.

Background

The case stems from allegations of corruption and financial irregularities in the now-scrapped Delhi Excise Policy. Both the CBI and ED have been probing the case, with the latter investigating alleged money laundering linked to the policy.

Implications

The court’s rejection of Kejriwal’s plea marks a setback for the former Chief Minister, who has maintained his innocence in the case. The developments underscore the intensifying legal scrutiny surrounding the AAP’s leadership and the broader political ramifications of the ongoing investigations.

(With agency inputs)