The ED informed the court that the petitions had become "infructuous" after obtaining the Union Ministry of Home Affairs' approval to prosecute both Aam Aadmi Party leaders under the Prevention of Money Laundering Act . This development follows a Supreme Court ruling on November 6, 2024, mandating that the ED must secure prior sanction for prosecuting public servants under the PMLA, aligning with the requirements for the Central Bureau of Investigation .
Kejriwal and Sisodia had previously contended that the trial court erred in taking cognisance of the charge sheet without the necessary prosecution sanctions. The ED's recent acquisition of these sanctions effectively nullifies this argument, prompting the agency to assert that the petitions are now without merit.
The ED's investigation alleges that the Delhi government's excise policy for 2021-22 was manipulated to benefit specific private entities, with kickbacks purportedly funneled to AAP leaders. The agency claims that a cartel, referred to as the "South Group," controlled liquor distribution in Delhi and provided bribes in exchange for favourable treatment. These funds were allegedly used to finance AAP's election campaigns in Punjab and Goa.
Kejriwal was arrested by the ED on March 21, 2024, after allegedly failing to comply with multiple summonses. He was granted bail by the Supreme Court in September 2024. Sisodia, arrested by the CBI on February 26, 2023, and subsequently by the ED, was released on bail in August 2024.