Delhi HC Refuses to Stay Trial Against Arvind Kejriwal in Delhi Excise Policy Case

Delhi HC Refuses to Stay Trial Against Arvind Kejriwal in Delhi Excise Policy Case

Today, the Delhi High Court refused to stay the trial proceedings against former Delhi Chief Minister and AAP convenor Arvind Kejriwal, who is facing charges in a case involving irregularities related to the Delhi Excise Policy 2021-22.

The bench of Justice Manoj Kumar Ohri instructed the Enforcement Directorate to provide a response to Mr. Kejriwal's plea, which challenges a trial court's order taking cognizance of the chargesheet in the case.

Kejriwal sought to set aside the orders of the trial court, arguing that the special court had taken cognizance of the chargesheet without the necessary sanction for his prosecution, as he was a public servant when the alleged offence occurred.

In response, Solicitor General Tushar Mehta, representing the Enforcement Directorate, informed the court that a sanction to prosecute Mr. Kejriwal had been obtained and that an affidavit would be filed to this effect.

The former Chief Minister requested an early hearing date when the court initially scheduled the next hearing for next year. His counsel emphasized the urgency of the matter, urging the court to pass an order on his stay plea that same day.

In response, Mr. Mehta argued that filing a reply to the stay application was necessary, highlighting that such an approach would be unfair.

On November 12, the High Court had sought the Enforcement Directorate's response to another plea filed by Mr. Kejriwal, in which he challenged the summons issued to him in connection with the agency’s complaint in the money laundering case.

The High Court declined to stay the trial court proceedings in the criminal case at this time.

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

Both the CBI and the ED have alleged that irregularities were committed in the modification of the excise policy, with undue favours extended to the license holders.

The Delhi government introduced the excise policy on November 17, 2021, but abandoned it by the end of September 2022 following allegations of corruption.

The money laundering case is linked to a CBI investigation that was initiated after Delhi Lieutenant Governor V K Saxena recommended a probe into the alleged irregularities in the implementation of the excise policy.

 

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