Union Home Ministry Approves ED Prosecution of Arvind Kejriwal

ED Prosecution of Arvind Kejriwal: In a fresh challenge for Aam Aadmi Party leaders Arvind Kejriwal and Manish Sisodia, the Union Home Ministry given the go ahead to the Enforcement Directorate (ED) to take action against them Prevention of Money Laundering Act (PMLA) in connection with the alleged liquor scam.

A source said ED had moved an application to prosecute Kejriwal and Sisodia. “Officials of the ED were waiting to get approval and it came a few days ago to prosecute both of them,” the source said.

Former Delhi chief minister Arvind Kejriwal was arrested by the federal agency in March last year after it filed a chargesheet against him before a special Prevention of Money Laundering Act (PMLA) court.

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The ED called the former chief minister the "kingpin and key conspirator" of the Delhi excise "scam."

It was alleged that he acted in collusion with Delhi government minister, the AAP leaders and others.

ED sources said earlier the agency was not required to take prosecution sanction before filing a chargesheet — it is mandatory for CBI.

“It is to inform (you) that this office has filed the Prosecution Complaint (SPC-7) against Sh. Arvind Kejriwal (Accused No. 37) on 17.05.2024 in the case, M/s IndoSpirits and Others, for irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22,” ED said in its request for sanction, according to an official.

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ED said a special court had also taken cognizance of the prosecution complaint filed by it on July 9. It said the Supreme Court, in the case of ED vs Bibhu Prasad Acharya & Others, clarified that the provision of the Code of Criminal Procedure applied to Section 65 of the Prevention of Money Laundering Act and Section 71(1) “cannot override the provision of CrPC which applies to the PMLA vide its judgment dated 06.11.2024”, according to an official.

The ED had earlier claimed that AAP, being a political party, is defined as an association or a body of individual citizens of India under the Representation of the People Act and hence it can be categorised as a "company" as contemplated under Section 70 of the PMLA.

“In view of the above facts and circumstances, sanction may be required for prosecution of Sh. Arvind Kejriwal, former CM, Govt. of NCT of Delhi, for the offence of money laundering under Section 4 of PMLA,” Ed said in the request.

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