New Delhi, January 15: The Union Home Ministry has granted sanction to the Enforcement Directorate to prosecute former Delhi chief minister and AAP national convenor Arvind Kejriwal in the excise policy linked money laundering case, officials said on Wednesday. The federal agency filed a chargesheet against the 56-year-old politician before a special Prevention of Money Laundering Act (PMLA) court here last year after arresting him in March.

Kejriwal, who is currently out on bail in this case, is contesting the Delhi Assembly polls from the New Delhi seat. The Ministry of Home Affairs (MHA) has recently granted the required sanction to the Enforcement Directorate (ED) for prosecuting Kejriwal under the anti-money laundering law in the Delhi excise policy case, officials said. The ministry is the competent authority to okay such a request moved by the agency through the Delhi LG, they said. Excise Policy Scam: Delhi Court Issues Notice to ED on Arvind Kejriwal’s Pleas for Bail in Money Laundering Case.

The officials said similar sanctions have also been obtained for other accused public servants, including former Delhi Deputy Chief Minister Manish Sisodia, in this case. The development comes ahead of the Delhi Assembly polls slated to be held on February 5. The agency is now seeking such sanction against all accused political leaders, ministers and bureaucrats under Section 197(1) of the Criminal Procedure Code (CrPC) against whom it has filed chargesheets or is about to file.

This came after the Supreme Court's November 2024 ruling which said such a procedure has to be undertaken by the ED like the CBI. Kejriwal has been made an accused in his personal capacity as well as in the capacity of being the national convenor of the AAP. The former chief minister was called the "kingpin and key conspirator" of the Delhi excise "scam" by the ED. It was alleged that he acted in collusion with Delhi government ministers, the AAP leaders and others.

The ED had earlier claimed that AAP, being a political party, is defined as an association or a body of individual citizens of India under the Representation of the People Act and hence it can be categorised as a "company" as contemplated under Section 70 of the PMLA. As Kejriwal was "in-charge of and responsible" for the said company i.e. AAP during the time of offence, he and his party "shall be deemed guilty" of offences mentioned under the anti-money laundering law and liable to be prosecuted and punished, it said. Delhi Excise Policy Case: CAG Report Reveals Loss of Rs 2,026 Crore.

The excise case pertains to alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22, which was later scrapped. Delhi Lieutenant Governor V K Saxena had recommended a CBI probe into the alleged irregularities. Subsequently, the ED registered a case under the PMLA. Taking cognisance of a CBI FIR lodged on August 17, 2022, the ED filed its money laundering case on August 22, 2022 to probe the alleged irregularities.