Delhi High Court Extends Deadline for ED’s Reply in Excise Policy Case

Kejriwal and Sisodia challenge trial court’s cognizance of chargesheets in alleged liquor policy scam.

New Delhi, December 20: The Delhi High Court on Friday granted the Enforcement Directorate (ED) additional time to submit its reply to a petition filed by Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia. The petition contests the trial court’s decision to take cognizance of the chargesheets filed in the Delhi Excise Liquor Policy case.

The matter is now scheduled for a hearing on February 5 before a bench led by Justice Manoj Kumar Ohri.

Earlier, the Delhi High Court issued a notice to the ED in response to the petition, which challenges the trial court’s order. The plea asserts that the trial court judge erred in taking cognizance of offenses under Section 3 of the Prevention of Money Laundering Act (PMLA), punishable under Section 4, without securing prior sanction as mandated by Section 197(1) of the Criminal Procedure Code (CrPC). The petition highlights that Arvind Kejriwal, being a public servant and the Chief Minister at the time of the alleged offenses, required such sanction.

Both Kejriwal and Sisodia are currently out on bail in the ED and Central Bureau of Investigation (CBI) cases linked to the now-revoked excise policy.

The ED alleges that the excise policy was intentionally designed with loopholes to benefit AAP leaders and foster cartelization. It accuses party leaders of accepting kickbacks from liquor businesses in exchange for favorable provisions, such as discounts, license fee waivers, and relief measures during the Covid-19 pandemic.

The charges further claim that the “scam” involved awarding wholesale liquor distribution rights to private firms at a fixed 12% margin, in return for a 6% kickback. Additionally, the ED alleges that funds generated from the scheme were used to influence elections in Punjab and Goa in early 2022.