’AAP made accused’ in Delhi excise policy case, ED files chargesheet against Arvind Kejriwal and his party

The Enforcement Directorate (ED) filed a chargesheet against Delhi Chief Minister Arvind Kejriwal and the Aam Aadmi Party (AAP) in a money laundering case linked to the Delhi excise policy case, officials said on Friday. This is the eighth charge sheet filed by the ED in this case in which it has arrested 18 people so far. 

Earlier, the ED told the Supreme Court that the AAP was named as an accused in the Delhi excise policy case. According to Live Law, the Additional Solicitor General appearing for the Enforcement Directorate informed the Supreme Court on Friday that a prosecution complaint “is being filed" on Friday and the AAP has been made an accused in the case.

The Supreme Court was hearing a plea filed by Delhi Chief Minister Arvind Kejriwal, challenging his arrest in the money laundering case registered against him by the ED in connection with the now-scrapped Delhi excise policy. Kejriwal, who was arrested in the case in March this year, was granted an interim bail till June 1.

The AAP is the first political party to become an accused in a money laundering case. Until now, no political party has been implicated under India’s anti-money laundering laws, although several NGOs and other organisations have been scrutinised by the ED.

The Additional Solicitor General, appearing for the Enforcement Directorate, alleged, “We have proved that kickbacks [received by AAP] were sent through hawala and in Goa, it was distributed by the two persons handling the election campaign.”

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The Supreme Court then asked the ASG, "...how will you prove this? how will you not give reasons to believe?", the Bar and Bench reported.

Later, the Supreme Court told Arvind Kejriwal's lawyer that there is difference between the "ground of arrest and reason to believe". The bench said, “Now they [ED] are saying they have evidence regarding the hawala transfer from AP to Goa.. now they say there is material in evidence.”

In his counter-argument, Kejriwal's lawyer said, "There is not an iota of this material in grounds of arrest." The development came a day after the ED told the Supreme Court that the AAP would be made co-accused in the money laundering case linked to the Delhi excise policy case.

What's alleged against AAP?

The excise case pertains to alleged corruption and money laundering in formulating and executing the Delhi government's excise policy for 2021-22, which was later scrapped. 

Delhi Lieutenant Governor VK Saxena had recommended a probe by the Central Bureau of Investigation (CBI) into the alleged irregularities in the formulation and implementation of the liquor policy. Subsequently, the ED registered a case under the Prevention of Money Laundering Act, 2002 (PMLA).

The ED filed its money laundering case to probe alleged irregularities in the Delhi excise policy of 2021-22 on August 22, 2022, taking cognisance of a CBI FIR that was lodged on August 17, 2022.

Earlier, the ED had called Kejriwal the "kingpin and key conspirator" of the Delhi excise “scam”. It was alleged he acted in collusion with Delhi government ministers, AAP leaders and other persons.

Appearing before a bench of Justices Sanjiv Khanna and Dipankar Datta, Additional Solicitor General SV Raju, for the ED, said on Thursday a complaint against the AAP is in the pipeline, and there is direct evidence of its national convenor and Arvind Kejriwal demanding ₹100 crore as kickbacks in the excise policy case.

Raju said there is evidence that Kejriwal demanded a bribe of ₹100 crore, which went to the AAP for Goa election expenses. The ASG further contended that apart from vicarious liability as the head of the AAP, Kejriwal is also directly liable as the person who played a key role in formulating the excise policy.

(With inputs from PTI)