New Delhi: The Delhi High Court on Friday granted the Enforcement Directorate (ED) additional time to file its reply to the petition filed by Arvind Kejriwal and Manish Sisodia. The petition challenges the trial court's decision to take cognizance of the chargesheets in the Delhi Excise Liquor Policy case.
The matter has been scheduled for hearing on February 5, by the bench of Justice Manoj Kumar Ohri.
Recently Delhi High Court had issued a notice on Aam Aadmi Party' leader Arvind Kejriwal and Manish Sisodia plea challenging the trial court's decision to take cognizance of the Enforcement Directorate's chargesheet against them in the alleged excise policy scam.
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The petition stated that the trial court judge, in the impugned order, erred in taking cognizance of the offence under Section 3 of the PMLA, punishable under Section 4 of the PMLA, without obtaining prior sanction under Section 197(1) of the CrPC for the prosecution of the petitioner.
This was particularly relevant as the petitioner, Arvind Kejriwal, was a public servant (the Chief Minister) at the time of the alleged offence.
Arvind Kejriwal and Manish Sisodia are currently out on bail in both the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) cases related to the now-scrapped excise policy.
According to the Enforcement Directorate (ED), the Excise Policy was deliberately designed with loopholes to benefit AAP leaders and foster cartel formations. The ED accused AAP leaders of receiving kickbacks from liquor businesses in exchange for preferential treatment, including discounts, license fee waivers, and relief during the Covid-19 disruptions.
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The ED further alleged that the "scam" involved awarding wholesale liquor distribution rights to private entities with a fixed 12% margin, in return for a 6% kickback. Additionally, AAP leaders were accused of influencing the outcome of elections in Punjab and Goa in early 2022.
