ED says sanction in Excise Policy case enough for cognisance of money laundering case, court rejects Kejriwal’s plea

The ED informed a Delhi court that the sanction obtained in a CBI case is comprehensive enough to cover offences not only under the Prevention of Corruption Act, 1988, but also other potential offences under other laws arising from related facts.

The Enforcement Directorate (ED) on Saturday (November 30, 2024) informed a Delhi court that the sanction obtained in a CBI case is comprehensive enough to cover offences not only under the Prevention of Corruption Act, 1988, but also other potential offences under other laws arising from related facts.

The ED’s submission came in response to a plea filed by Aam Aadmi Party (AAP) chief and former Chief Minister Arvind Kejriwal’s plea that claimed that he had not received a copy of the sanction order in a money laundering case probed by the ED, which is related to the CBI’s corruption probe into the Delhi Excise Policy case.

In his plea, Mr. Kejriwal pointed to a recent Delhi High Court hearing in which the Solicitor General representing the ED had stated that the necessary sanction had been obtained when the chargesheet was filed.

The central agency clarified that the sanction obtained in the CBI case was broad enough to cover not just the Prevention of Corruption Act but also other offences that could arise from the facts and circumstances presented, and was sufficient for the court to take cognisance of such other offences.

After considering the ED’s submission, the bench of Justice Kaveri Baweja of the Rouse Avenue Court disposed of Mr. Kejriwal’s plea.

Mr. Kejriwal has approached the Delhi High Court challenging the trial court’s decision to take cognisance of the ED’s prosecution complaints in the Excise Policy case, citing lack of sanction.

In his plea, the former CM has argued that the trial court judge erred in taking cognisance of the offence under Section 3 of Prevention of Money Laundering Act (PMLA), punishable under Section 4 of the PMLA, without obtaining prior sanction under Section 197(1) of the CrPC for the prosecution of the petitioner.