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Former Delhi Chief Minister Arvind Kejriwal has approached the High Court against trial court’s order taking note of a prosecution complaint filed by the ED against him in a money laundering case linked to the liquor policy case.
According to sources close to Kejriwal’s legal team, the AAP leader challenged the order on grounds of lack of sanction to prosecute him. In other words, Kejriwal sought a pause on the trial court proceedings in the money laundering case.
In July, Delhi’s Rouse Avenue Court took note of a supplementary chargesheet filed against Kejriwal by the ED.
Kejriwal’s plea came a few days after the Supreme Court ruled that the requirement for prior government sanction to prosecute public servants, as mandated under the Code of Criminal Procedure (CrPC), also applies to complaints involving money laundering cases.
A bench of Justice Abhay Oka and Justice Augustine George Masih had dismissed a plea by the ED, which had challenged a High Court verdict that cancelled the order on the agency’s complaint (chargesheet) against two IAS officers. The court held that the provisions of Section 197(1) of the CrPC apply to complaints under Section 44(1)(b) of the Prevention of Money Laundering Act (PMLA).
The bench had observed that the purpose of Section 197(1) of the CrPC is to protect public servants from prosecution for actions taken in the course of their duties. It further remarked that, given the intent behind the section, its application could not be disregarded unless there was a conflicting provision within the PMLA.
However, the court had left the door open for the probe agency to approach the special court to take note of the offence against the accused if the required sanction was granted in the future.
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