The Delhi High Court on Wednesday asked the Enforcement Directorate (ED) to produce the original file disclosing the sanction granted to prosecute former Delhi Chief Minister (CM) Arvind Kejriwal and former Deputy CM Manish Sisodia in the money laundering proceedings connected to the Delhi Excise Policy case.
Justice Ravinder Dudeja passed the order after hearing the Aam Aadmi Party (AAP) leaders' petitions challenging the trial court's order to take cognizance of the prosecution complaint naming them as accused under the Prevention of Money Laundering Act (PMLA). During the hearing, the Court noted that the Deputy Director (Vigilance), in a letter to the ED dated December 30, 2024, had recorded that the competent authority has granted sanction to prosecute the accused.
However, the Court found that the sanction was actually granted later. "The sanction order placed on record is of subsequent date i.e., 14-02-2025. On being questioned about the aforesaid discrepancy, Mr. [Zoheb] Hossain, ld Special Prosecutor for the ED seeks time to seek clarification and produce the sanction file before the Court. Let the sanction file be produced," the Court ordered.
On request, the Court also granted the ED liberty to file an additional affidavit in respect of the clarification. The matter has been posted for hearing next on January 21, 2026. The money laundering case against Kejriwal and other AAP leaders stems from alleged irregularities in the framing of the now-scrapped Delhi Excise Policy of 2021-22. The case involves allegations that several AAP leaders including Kejriwal were involved in deliberately leaving loopholes in the policy in exchange for kickbacks from liquor companies.
However, it was later submitted that the ED was relying on the earlier sanction granted to prosecute Kejriwal in the Excise Policy case registered by the CBI under the Prevention of Corruption (PC) Act. Today, Senior Advocate Rebecca John argued that the sanction given to the CBI was not sufficient to prosecute Kejriwal in the money laundering proceedings. She also submitted that while the sanction for the CBI case was given on August 14, 2024, the trial court had taken cognizance of the money laundering complaint on July 9, 2024. She questioned how SG Mehta could have made a submission in November 2024 that ED had got the prosecution sanction.
"Not attributing any motive, but clearly the learned Solicitor General was misled into making that statement on first date of hearing. Because all their subsequent actions show they had nothing when I challenged the proceedings before this Hon'ble Court and the first order came to be passed by this Hon'ble Court," John said.
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