HC refuses to prepone hearing on Kejriwal's plea in excise policy case

The Delhi High Court on Friday refused to advance the hearing on a petition by AAP chief Arvind Kejriwal challenging a trial court's order taking cognisance of a chargesheet filed against him in a money laundering case.

Justice Manoj Kumar Ohri said, "matter will be heard on the same date (December 20). I have a lot on the board to hear."  Kejriwal had sought preponement of the date of hearing on his petition from December 20.

After the court declined to change the date, Kejriwal's counsel pleaded that the Enforcement Directorate (ED) be directed to a supply copy of its reply to the petition in advance.

 

"Whatever you file, give it to them also," the court told the ED's lawyer.

On November 21, the high court refused to stay at that moment the trial court proceedings against Kejriwal in the money laundering case.

The high court had issued notice and sought response of the ED on the plea by the former Delhi chief minister.

Kejriwal sought setting aside of the trial court order and argued that the cognisance of the chargesheet was taken by the special court in the absence of any sanction for his prosecution, which was required, as he was a public servant when the alleged offence was committed.

However, Solicitor General Tushar Mehta, appearing for the ED, submitted that a sanction was obtained to prosecute Kejriwal and he would be filing an affidavit.

Besides seeking to set aside the trial court's July 9 order taking cognisance of the chargesheet, Kejriwal has also sought quashing of all proceedings in the case.

The plea contended that the prosecution of Kejriwal was bad in the eyes of law as it was done without obtaining the mandatory sanctions under Section 197 CrPC despite the allegations pertaining to the official acts performed by him.

According to Section 197(1) of the CrPC, when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government, is accused of any offence, no court shall take cognisance of such offence except with the previous sanction.

On November 12, the high court sought ED's response on another plea filed by Kejriwal who challenged summons issued to him on the agency's complaint in the money laundering case.

The high court refused to stay the trial court proceedings at the moment in the criminal case.

While Kejriwal was granted interim bail by the Supreme Court on July 12 in the money laundering case, he was granted bail in the CBI case on September 13.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours were extended to the licence holders.

The Delhi government implemented the policy on November 17, 2021 and scrapped it by the end of September 2022 amid allegations of corruption.