RB News World Latest News
Related Articles
The Union Home Ministry has given the necessary approval to the ED to prosecute Arvind Kejriwal and Manish Sisodia in the money laundering case related to the excise policy. This permission is important in itself because on the basis of its absence, Kejriwal and Manish Sisodia have challenged the proceedings going on in the lower court. In their separate petitions filed in the Delhi High Court, both have challenged the order of the lower court dated July 9 to take cognizance of the ED chargesheet.
It has been said in the petitions that since both of them were public servants at the time of the allegations, it was necessary for the ED to take permission from the competent authority to take cognizance of the chargesheet. The trial court should not have taken cognizance of the chargesheet without the necessary permission. On this basis, both have demanded the cancellation of this order as well as the cancellation of all the proceedings related to money laundering.
What was the order of the Supreme Court?
The basis behind these petitions of Kejriwal and Sisodia was the order of the Supreme Court dated November 6 last year. In this order, the Supreme Court had clarified that even in money laundering cases, the ED needs to take permission from the competent authority to prosecute. The bench of Justice Abhay S Oak and Augustine George Masih had said that Section 197(1) of the CrPC is also applicable in PMLA cases.
According to this section, it is necessary for the investigating agency to take permission from the competent authority to prosecute any public servant.
Status of Kejriwal-Sisodia’s petition
After this order of the Supreme Court, apart from Arvind Kejriwal, Manish Sisodia, P Chidambaram, accused in the Aircel Maxis case and money laundering case, also filed separate petitions in the Delhi High Court. They have said in their petitions that in their case, the trial court has taken cognizance of the charge sheet without the necessary permission, so this order should be cancelled. The Delhi High Court even stayed the proceedings going on in the lower court in Chidambaram’s case. However, the court did not give any such order in the money laundering case against Kejriwal and Sisodia. Since the matter of obtaining the necessary approval from the ED is pending in the High Court, the hearing of this case in the lower court is in a way stopped. The lower court has not yet framed charges in the money laundering case.
What will happen next!
Now the petitions of Kejriwal and Manish Sisodia are scheduled for hearing in the Delhi High Court on January 30. On that day, the ED will inform the court that they have received the necessary approval to prosecute. After this, it will depend on the High Court. If the High Court wants, it can settle the pending petition of Kejriwal and Sisodia by considering this approval from the ED as sufficient. Apart from this, the High Court can ask the ED to inform the lower court about the approval and request the lower court to take cognizance of the charge sheet again.
In both the situations, the stay on the money laundering case against Kejriwal and Manish Sisodia in the lower court will be lifted and the court will proceed towards framing of charges. Framing of charges by the lower court will mean that Kejriwal and Sisodia will again have to face trial under those sections.
