New Delhi, December 6, 2024 — The Delhi High Court on Friday declined to expedite the hearing on Delhi Chief Minister Arvind Kejriwal’s petition challenging a trial court’s decision to take cognizance of a chargesheet filed against him in a money laundering case. The court, presided by Justice Manoj Kumar Ohri, stated that the matter would be heard as scheduled on December 20.
Kejriwal had requested an early hearing, citing urgency in the case, but Justice Ohri expressed his constraints, saying, “I have a lot on the board to hear,” before declining the request. Following this, Kejriwal’s counsel urged the court to direct the Enforcement Directorate (ED) to share its response to the petition in advance. The court responded to the ED’s lawyer, saying, “Whatever you file, give it to them also.”
Background of the Case
Kejriwal’s petition challenges a decision by a special court in July 2023, which had taken cognizance of a chargesheet filed by the ED in the money laundering case. The Delhi Chief Minister argues that the court’s order was flawed as it did not take into account the necessary sanction for prosecuting him as a public servant.
According to Section 197 of the Criminal Procedure Code (CrPC), the prosecution of a public servant requires prior sanction from the government. Kejriwal’s legal team maintains that the trial court’s proceedings should be quashed as no such sanction was obtained for his prosecution.
However, Solicitor General Tushar Mehta, representing the ED, countered by claiming that the necessary sanction was duly obtained and an affidavit regarding the same would be filed soon.
The Excise Policy Controversy
The charges stem from the controversial Delhi excise policy, which was introduced in November 2021 and later scrapped in September 2022 amid accusations of corruption. The ED, along with the CBI, alleges that the policy modifications favoured liquor license holders in exchange for undue benefits, leading to a series of investigations into officials, including Kejriwal. Both agencies have claimed that irregularities were committed in the implementation of the excise policy, triggering the money laundering probe.
Kejriwal and his colleagues in the Delhi government have repeatedly denied any wrongdoing, insisting that the policy was formulated in the best interests of Delhi residents.
Legal and Political Repercussions
The case continues to be a significant point of contention between the Aam Aadmi Party (AAP) led by Kejriwal and the ruling BJP at the Centre. The timing of the trial, coupled with the ongoing investigations, has raised the stakes in the political battle, especially as the Delhi CM faces multiple legal challenges related to the excise policy controversy.
In addition to the money laundering case, Kejriwal also faces summons in a related corruption case investigated by the CBI. Despite these legal issues, Kejriwal has been granted interim bail by the Supreme Court in July 2023 and in the CBI case in September 2023.
Next Steps and Court’s Timeline
As the case progresses, the Delhi High Court’s next hearing on December 20 will likely set the course for the next phase of the legal proceedings. Whether or not the trial court proceedings are halted or amended will depend on the outcome of Kejriwal’s petition, making this a closely-watched case in both legal and political circles.
