Setback to Kejriwal amid Delhi elections, MHA gives permission to ED to prosecute in money laundering case

New Delhi: Arvind Kejriwal’s troubles have increased once again amid the Delhi Assembly elections. The Union Home Ministry has allowed the Enforcement Directorate to prosecute former Delhi Chief Minister Arvind Kejriwal under the PMLA Act in the money laundering case related to the alleged liquor scam.

According to the report, earlier the Special PMLA court of Delhi had stayed the framing of charges against Kejriwal, as Kejriwal had moved the Delhi High Court against the trial court taking cognizance of the chargesheet in the absence of special approval to prosecute under the PMLA.

The CBI, which filed a chargesheet against Arvind Kejriwal under the Prevention of Corruption Act, got approval for this in August last year.

Kejriwal and AAP are accused of taking bribes from the ‘South Group’ cartel that controls the sale and distribution of liquor in Delhi. This ‘South Group’ cartel has reportedly benefited from the liquor policy framed by the Delhi government for 2021-22. SC had said that ED needs special approval to prosecute PMLA

The AAP chief had cited the Supreme Court order of November 6 to argue in the High Court that the approval obtained by the CBI is not a green signal for the ED to prosecute him and the agency will have to take separate approval to prosecute him under PMLA.

The Supreme Court, in its November order, had said that the ED needs special approval from the competent authority to prosecute the accused under PMLA, due to which other PMLA accused have sought quashing of the chargesheet against them.

Sources said the ED has sought permission “without prejudice” in all its money laundering cases against public servants, as per the Supreme Court verdict that asked the agency to seek sanction from the competent authority under Section 197(1) of the CrPC.

Two other requests to prosecute former finance minister P Chidambaram and Jharkhand CM Hemant Soren are being processed by the ministry. Along with this, the agency has sent several other requests to the Home Ministry for sanctions under PMLA against politicians and senior IAS officers in Chhattisgarh and Maharashtra.

The ED is preparing to file a review petition against the Supreme Court verdict that has resulted in the accused filing several suits seeking quashing of charges.