Delhi High Court Refuses to Advance Hearing in Arvind Kejriwal’s Money Laundering Case
New Delhi, December 6, 2024 – The Delhi High Court on Friday declined to advance the hearing on a petition filed by Delhi Chief Minister Arvind Kejriwal, challenging a trial court’s order taking cognisance of a chargesheet filed against him in a money laundering case. The bench, led by Justice Manoj Kumar Ohri, stated that the matter would be heard on the scheduled date of December 20. “I have a lot on the board to hear,” Justice Ohri remarked, emphasizing the heavy caseload.
Kejriwal had sought the preponement of the hearing date, but after the court’s refusal, his counsel requested that the Enforcement Directorate (ED) be directed to provide a copy of its reply to the petition in advance. The court instructed the ED’s lawyer to ensure that any documents filed be shared with Kejriwal’s counsel as well.
The petition in question stems from the trial court’s decision on July 9, when it took cognisance of the chargesheet filed against Kejriwal in a money laundering case. On November 21, the high court had declined to stay the trial court proceedings and issued a notice, seeking a response from the ED regarding Kejriwal’s petition.
Kejriwal, in his petition, has sought the quashing of the trial court’s order, arguing that the cognisance of the chargesheet was taken without the necessary sanction for his prosecution, which is required under the law since he was a public servant when the alleged offence occurred. His counsel cited Section 197 of the Criminal Procedure Code (CrPC), which mandates government sanction before any public servant can be prosecuted for offences related to their official duties.
The ED, however, contended that the necessary sanction to prosecute Kejriwal was duly obtained. Solicitor General Tushar Mehta, appearing for the ED, assured the court that an affidavit confirming this would be filed soon.
In a separate development, on November 12, the high court had also asked the ED to respond to another plea filed by Kejriwal, challenging the summons issued to him in connection with the money laundering case. Despite the legal proceedings, the high court had declined to stay the trial court proceedings in the criminal case.
Kejriwal, who was granted interim bail by the Supreme Court on July 12 in the money laundering case, was also granted bail in a related CBI case on September 13. Both the CBI and the ED have alleged that irregularities took place during the modification of the Delhi government’s excise policy, which resulted in undue favours being extended to liquor license holders.
The Delhi government implemented the excise policy on November 17, 2021, but scrapped it by September 2022 following allegations of corruption. The money laundering case emerged after a CBI investigation, which was triggered by a recommendation from Delhi Lieutenant Governor V. K. Saxena regarding the alleged irregularities in the excise policy’s implementation.
The next crucial development in the case is expected on December 20 when the Delhi High Court will hear the matter further.
