ED Authorized to Prosecute Kejriwal in Delhi Liquor Policy Case

The Enforcement Directorate (ED) has secured approval from the Union Ministry of Home Affairs (MHA) to prosecute former Delhi Chief Minister Arvind Kejriwal under the Prevention of Money Laundering Act (PMLA) in connection with the alleged Delhi liquor policy scam.

This development follows a Supreme Court ruling on November 6, 2024, which mandated that the ED obtain specific sanctions from competent authorities before prosecuting individuals under PMLA. In compliance, the ED sought and received the necessary approval from the MHA to proceed against Kejriwal.

The case centers on allegations that Kejriwal and his party, the Aam Aadmi Party (AAP), accepted bribes from a cartel known as the 'South Group.' This group allegedly controlled the sale and distribution of liquor in Delhi and purportedly benefited from the excise policy implemented by the Delhi government for the 2021-22 fiscal year.

Kejriwal was arrested by the ED on March 21, 2024, after multiple summonses went unanswered. He was subsequently granted bail by the Supreme Court on July 12, 2024, in the ED case, and on September 13, 2024, in a related case filed by the Central Bureau of Investigation (CBI). Following his release, Kejriwal resigned from his position as Delhi Chief Minister on September 17, 2024.

The CBI had previously filed a chargesheet against Kejriwal under the Prevention of Corruption Act and obtained the requisite sanction for prosecution in August 2024. However, Kejriwal contended that a separate sanction was necessary for prosecution under PMLA, citing the Supreme Court's November 6 ruling. This led to a pause in the framing of charges by a special PMLA court in Delhi, pending the acquisition of the specific sanction now granted by the MHA.

In addition to Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia is also implicated in the case. Sisodia was arrested by the CBI on February 26, 2023, and by the ED 12 days later. He was granted bail by the Supreme Court on August 9, 2024, with the court noting the improbability of a timely trial conclusion.

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