Delhi Lt Governor VK Saxena has granted sanction to the Enforcement Directorate (ED) to prosecute former Delhi Chief Minister and AAP leader Arvind Kejriwal in the liquor policy case, according to sources.
The move comes weeks ahead of the Delhi Assembly elections, where the AAP is aiming to secure a fourth term in the face of an upbeat BJP.
The ED cited a November 6 Supreme Court judgment and sought sanction for prosecution under the Prevention of Money Laundering Act (PMLA), 2002, on December 5. In its letter to the Lt Governor, the ED said it found a "huge level of corruption in framing and implementation" of the excise policy.
The Supreme Court on November 6 ruled that public servants cannot be prosecuted for money laundering without prior approval from the government, as required under the Code of Criminal Procedure (CrPC).
Earlier, prosecution sanction was not needed for chargesheets (prosecution complaints) filed by the ED against public servants. It was mandated for other investigative agencies, like the Central Bureau of Investigation (CBI) and state police.
Arvind Kejriwal was arrested by the ED and the CBI on March 21 and June 26, respectively, in the money laundering and corruption cases stemming from the alleged excise policy scam. He has been granted bail by the Supreme Court in both the cases.
In November, Kejriwal approached the Delhi High Court seeking to quash a trial court's order taking cognisance of the ED's seventh supplementary charge sheet in the case.
Former Delhi minister and AAP leader Manish Sisodia asked the ED to show the copy of the permission, calling it a bid to divert attention from the issue of the alleged insult to BR Ambedkar.
"If the Lt Governor has given permission to prosecute Arvind Kejriwal, then why is the ED not showing the copy of that permission? It is clear that this news is false and misleading. Stop making false promises to divert attention from the issue of insult to Baba Saheb," Sisodia said.