Delhi High Court Seeks ED’s Response to Manish Sisodia’s Plea in Excise Policy Case
The plea challenges a trial court’s order taking cognizance of a chargesheet filed in a money laundering case linked to the controversial excise policy.
New Delhi: In a significant development in the alleged excise policy scam, the Delhi High Court on Monday, December 2, sought the Enforcement Directorate’s (ED) response to a plea filed by Aam Aadmi Party (AAP) leader Manish Sisodia.
The plea challenges a trial court’s order taking cognizance of a chargesheet filed in a money laundering case linked to the controversial excise policy.
Justice Manoj Kumar Ohri, presiding over the case, issued a notice to the ED and scheduled the matter for further proceedings on December 20. Interestingly, the high court also listed a similar petition by Delhi Chief Minister Arvind Kejriwal for the same date, as both leaders have been implicated in the case.
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Manish Sisodia’s Legal Challenge
Manish Sisodia, who served as the Deputy Chief Minister of Delhi, has sought the Delhi High Court’s intervention to set aside the trial court’s decision. Sisodia argues that the special judge erred in taking cognizance of the chargesheet in the money laundering case, especially in the absence of any sanction for the prosecution of a public servant like him. Sisodia contends that the approval required for prosecuting a public servant in this case was not obtained, which forms the basis of his legal challenge.
Sisodia, currently out on bail in connection with the case, has been accused of involvement in irregularities surrounding the formulation and implementation of the Delhi government’s excise policy. The policy, introduced on November 17, 2021, was scrapped by the Delhi government by the end of September 2022, following mounting allegations of corruption and misconduct.
Allegations of Corruption and Money Laundering
The case revolves around the alleged misuse of power during the formulation of the excise policy, which the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) claim resulted in irregularities. According to both agencies, the modified excise policy allegedly extended undue favours to certain license holders, raising suspicions of financial misconduct and corruption.
The excise policy, designed to regulate liquor distribution in the national capital, was expected to boost government revenue. However, the policy faced significant criticism, with claims that it facilitated illegal financial benefits for certain private entities. These allegations prompted the Delhi Lieutenant Governor V K Saxena to recommend an investigation into the matter, leading to a CBI probe.
Following the initiation of the CBI investigation, the ED also registered a money laundering case in connection with the alleged corruption. The ED’s charge sheet alleges that money laundering took place due to the irregularities in the excise policy, adding another layer of complexity to the case.
Sisodia’s Plea and Legal Arguments
In his plea, Manish Sisodia contends that the trial court’s order to take cognizance of the chargesheet in the absence of proper sanction is a violation of legal procedures. He maintains that as a public servant, no prosecution can be initiated against him without prior sanction from the competent authority. Sisodia’s lawyers argue that the special judge’s decision to take cognizance of the chargesheet was therefore legally flawed and should be set aside by the High Court.
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The legal battle is closely being watched, as it involves two high-profile political figures from the AAP. Along with Sisodia, Delhi Chief Minister Arvind Kejriwal has also been named in the investigation, with the ED and CBI probing their possible involvement in the alleged scam.
Next Steps in the Case
The Delhi High Court has now scheduled the case for a hearing on December 20, when both Manish Sisodia’s and Arvind Kejriwal’s pleas will be considered together. The court’s decision on whether to quash the trial court’s order or allow the proceedings to continue will have significant ramifications for both leaders and the AAP, which has been at the center of the controversy.
Meanwhile, Sisodia, who remains out on bail, faces an uphill legal battle as the investigation into the excise policy scam continues to unfold. With both the CBI and ED intensifying their probe, the outcome of this case is likely to be a key factor in shaping the political landscape in Delhi and beyond.
Background on the Excise Policy and Legal Implications
The excise policy scandal has become one of the most contentious political issues in Delhi. The AAP government’s decision to implement the policy in 2021 was touted as a reform measure to generate more revenue and regulate the liquor trade in the capital. However, allegations of corruption emerged soon after its introduction, particularly around the way licenses were granted and the financial dealings involved.
The decision to scrap the policy in 2022 only added fuel to the fire, and investigations by the CBI and ED followed. The money laundering case filed by the ED added a new dimension to the scandal, bringing the focus to financial irregularities that may have been committed during the policy’s rollout.
As the legal proceedings continue, the Delhi High Court’s upcoming ruling on Manish Sisodia’s plea will be pivotal in determining the future course of the case and the political ramifications for the ruling AAP party.
