Excise Policy: Delhi HC To Hear On Jan 30 Kejriwal's Plea Against Chargesheet Cognisance

The apex court released the AAP Convener Arvind Kejriwal on bail in the CBI case on September 13.

New Delhi:The Delhi High Court will on January 30, 2025, hear former chief minister Arvind Kejriwal's plea against an order of cognisance of an ED chargesheet in the Delhi excise policy case.

Justice Manoj Kumar Ohri was informed by the Enforcement Directorate (ED) counsel that additional solicitor general S V Raju, who was scheduled to make submissions on Friday, was unavailable. The court posted the matter on January 30 at the request of Kejriwal's counsel after initially listing it for February 19, 2025.

"Here is a person whose elections are coming in January and he is waiting endlessly for the other side to argue the matter," Kejriwal's counsel said, opposing ED's request for adjournment. The court also posted AAP leader Manish Sisodia's similar plea on January 30, 2025.

Both Kejriwal and Sisodia have sought to set aside the trial court order and argued the trial court took cognisance of the chargesheet in the absence of sanction for their prosecution, mandated in law as they were public servants at the time of the alleged crime.

However, Solicitor General Tushar Mehta, appearing for the ED, had submitted that a sanction was obtained to prosecute Kejriwal and he would file an affidavit. ED has filed its response to Kejriwal's petition.

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

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

According to Section 197(1) of the CrPC, a public servant, among others, not removable from his office save by or with the sanction of the government, is accused of any offence during the discharge of their official duty, no court shall take cognisance of such offence except with the previous sanction.

On November 12, the high court sought ED's response to Kejriwal's plea challenging summons against him on the agency's complaint in the money laundering case. The high court refused to stay the trial court proceedings for now in the criminal case.

While Kejriwal was granted an interim bail by the Supreme Court on July 12 in the money laundering case, the apex court released him on 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.