1 week ago
Last Updated:January 15, 2025, 11:07 IST
Kejriwal’s bail conditions had forced him to step down from the CM’s chair since he was barred from visiting the secretariat or CMO. He was also restricted from signing any files
If trial begins, the BJP will up the ante against AAP in the last leg of campaigning. Legally too, it might be difficult for Kejriwal to return as chief minister. (PTI)
Just ahead of Delhi elections, the Centre has thrown yet another curveball at the Aam Aadmi Party (AAP) after Enforcement Directorate (ED) officials claimed that the Ministry of Home Affairs had given the sanction to prosecute both Arvind Kejriwal and Manish Sisodia in the excise policy money laundering case. The development comes even as Kejriwal announced that he would file his nomination papers from the New Delhi Vidhan Sabha seat on Wednesday.
Why is the prosecution sanction important?
The missing prosecution sanction had been cited by the AAP supremo to challenge the PMLA court’s decision to take cognizance of the charge sheet against Kejriwal, Sisodia, and others. But now, with the legality being completed, the stage could be set for framing of charges against the accused in the excise policy scam.
“Sanction to prosecute Arvind Kejriwal has been given by MHA. We have also received the sanction against Manish Sisodia," an ED official confirmed.
While the Central Bureau of Investigation (CBI) had received sanction to prosecute Kejriwal under Prevention of Corruption Act, ED moved for a separate sanction under Section 197(1) of CRPC as mandated by a Supreme Court order.
How will this impact polls?
The special court could take up the matter on January 30, just five days ahead of polls in Delhi. ED is likely to push for framing of charges after presenting the requisite documents. Once the charges are framed, the trial against Kejriwal and Sisodia will begin.
Kejriwal was granted bail by the Supreme Court in September last year. Sisodia had been granted bail a month earlier and delayed trial was one of the grounds the apex court considered before giving relief. Now, if trial begins, the BJP will up the ante against AAP in the last leg of campaigning. Legally too, it might be difficult for Kejriwal to return as chief minister while the trial is on. His bail conditions had forced him to step down from the CM’s chair since he was barred from visiting the secretariat or CMO. He was also restricted from signing any files.
A delayed trial could have given AAP a window to request for change in bail conditions had the party secured a mandate in February 2025.
Kejriwal, Sisodia, Durgesh Pathak and others have been accused of accepting bribe from South Group Businessman as a quid pro quo for liquor licenses in Delhi. The ED has alleged that this bribe money was laundered to help AAP fight elections in Goa.
BJP spokesperson RP Singh, when asked about the timing of the sanction, said: “It was a technicality… a legal issue. They were trying to hide behind this technicality. Timing is not an issue at all. ED sought to remove all legal anomalies and received the sanctions."
On the question of this development queering the pitch for Kejriwal’s return as chief minister, Singh said it would have no impact. “Otherwise too, Kejriwal could not have become the CM. The Supreme Court has barred him from visiting CMO," he said.
Location : First Published:January 15, 2025, 11:07 IST
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