New Delhi: The Delhi High Court sought the Enforcement Directorate's (ED) response on Monday on a plea moved by AAP leader Manish Sisodia challenging a trial court's order taking cognisance of a chargesheet filed in a money-laundering case linked to the alleged excise policy scam.
Justice Manoj Kumar Ohri issued a notice to the ED and fixed Sisodia's plea on December 20, when a similar petition filed by Aam Aadmi Party (AAP) chief Arvind Kejriwal is also listed for further proceedings.
The former Delhi deputy chief minister sought the high court's direction to set aside the trial court order on the ground that the special judge took cognisance of the chargesheet in the absence of any sanction for the prosecution of Kejriwal, a former Delhi chief minister, who was a public servant when the offence was allegedly committed.
During the hearing, Sisodia's counsel contended that the ED must make a statement before the high court if it has a prior sanction to prosecute the AAP leader. "Every sanction and every public servant is different. If they have a sanction, please make a statement," he said.
The ED's counsel said he was not in a position to make a statement at present and sought time to respond to the plea, saying the additional solicitor general (ASG), who has been engaged to argue the matter, was not available on Monday.
"No prejudice would be caused to them if some time is given. It is the same case, same trial and same ECIR. This petitioner is a co-accused in the case. The connected matter in which a similar plea has been filed by another accused is already listed on December 20. This plea may also be listed on the same day," the ED's lawyer submitted.
Sisodia was granted bail by the Supreme Court on August 9 in both the cases lodged by the ED and the Central Bureau of Investigation (CBI). In his plea, Sisodia said the chargesheet was filed without the necessary sanction approval from the competent authorities.
The petition said the allegations against Sisodia relate to official acts carried out by him in the course of his duties as a public servant and a prior sanction to prosecute was required. According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours 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. The money-laundering case stems from a CBI case lodged after Delhi Lieutenant Governor V K Saxena recommended a probe into the alleged irregularities in the implementation of the excise policy.
