No Relief For Arvind Kejriwal From Delhi High Court In Liquor Policy Case; Plea Challenges ED's Supplementary Chargesheet

The Delhi High Court on Thursday (21 November) denied staying the trial court's proceedings against Aam Aadmi Party (AAP) national convener Arvind Kejriwal in the liquor excise policy case.

A notice was issued to the Enforcement Directorate (ED) seeking the central agency's response to Kejriwal's petition challenging a trial court's decision to take cognizance of the chargesheet in the case.

Justice Manoj Kumar Ohri granted the ED time to respond to the plea. Senior advocates N Hariharan and Rebecca M John appeared on behalf of Kejriwal, while Solicitor General Tushar Mehta represented the ED.

Mehta argued that there was proper sanction for prosecution and requested time to submit an affidavit. Hariharan, however, contended that the ED's seventh supplementary chargesheet against Kejriwal was nearly identical to the sixth, lacking any fresh material or new witnesses.

He argued this rendered the chargesheet legally invalid. Mehta refuted this, stating the trial court had already dismissed such claims and affirmed the ED's additional investigation, LiveLaw reported.

The court, after hearing submissions, scheduled the next hearing for 20 December. Kejriwal's petition argues that the chargesheet is without jurisdiction, as it merely revisits previously gathered evidence without introducing new findings.

He cited Supreme Court rulings in Vinay Tyagi vs Irshad Ali (2013) and Vinubhai Haribhai Malaviya vs State of Gujarat (2019) to support his stance, asserting that further investigations must be authorised by the trial court.

Additionally, Kejriwal claims the trial court's order to take cognizance of the seventh supplementary chargesheet is legally flawed, as it lacked sanction under Section 197 of the Criminal Procedure Code (CrPC).

The plea also challenges the maintainability of ED's complaint and earlier trial court decisions rejecting Kejriwal’s objections. Kejriwal has already secured bail in both the ED and CBI cases related to the liquor policy investigation.