ED gets nod to prosecute Arvind Kejriwal in Delhi excise policy case

The Union Home Ministry has cleared the ED to prosecute Arvind Kejriwal over alleged irregularities in the Delhi excise policy, with charges linking him to a Rs 100 crore bribe

The Union Home Ministry has authorised the Enforcement Directorate (ED) to pursue prosecution against former Delhi Chief Minister Arvind Kejriwal for alleged irregularities in the now-scrapped Delhi Excise Policy for 2021-22.

 

This decision follows approval from Delhi Lieutenant Governor VK Saxena for the prosecution. In August 2024, the CBI also received authorisation to prosecute Kejriwal in connection with a parallel corruption investigation linked to the excise policy.

 

The move comes several months after the Supreme Court’s November 6 ruling, which mandated that the ED must seek prior approval, similar to the Central Bureau of Investigation (CBI), for prosecuting under section 197 (1) of the Criminal Procedure Code (now section 218 of the Bharatiya Nagarik Suraksha Sanhita) in money laundering cases. Kejriwal’s charges in the excise case had been delayed due to the lack of sanction.

 

The ED had arrested Kejriwal, who was later released on bail, on March 21 last year under the Prevention of Money Laundering Act (PMLA). A charge sheet filed on May 17 alleged that Rs 45 crore out of a Rs 100 crore bribe was used for the Aam Aadmi Party’s (AAP) Goa election campaign. The ED accused Kejriwal of overseeing the misappropriation of funds as the AAP national convenor and a key member of the party's national executive.

 

According to the ED, Kejriwal was not only one of the policy’s founding members but also actively involved in its formulation. Witness statements cited in the charge sheet indicated that he had demanded kickbacks. The ED claims to have identified Rs 1,100 crore in proceeds from crime.

 

Kejriwal is alleged to have been the ‘kingpin’ in the excise-related irregularities, working alongside his then-deputy Manish Sisodia and former AAP media head Vijay Nair to demand additional funds for election purposes, over and above the Rs 100 crore in kickbacks.

 

In September 2024, the Supreme Court granted bail to Kejriwal. Shortly after, he resigned as Delhi’s Chief Minister, and senior AAP leader Atishi took over the position.

 

The ED also implicated Vinod Chauhan, a close associate of Kejriwal, for facilitating the transfer of Rs 25.5 crore in bribe money from Delhi to Goa for AAP’s campaign. Kejriwal has denied all charges. 

Meanwhile, Sisodia, who had been imprisoned for 17 months, walked out of jail in August 2024. He has been nominated by AAP as their candidate for the Jangpura seat in the upcoming Delhi Assembly elections scheduled on February 5.

 

[With agency inputs]