Delhi HC Questions ED’s Evidence Handling in AAP Leaders’ Excise Case

The Delhi High Court has issued a notice regarding the Enforcement Directorate’s (ED) appeal against a trial court’s order. This order had directed the ED to provide scanned copies of documents and digital devices, which were not relied upon in the case, to several accused individuals, including former Delhi Chief Minister Arvind Kejriwal.

The ED’s appeal challenges the Special Court’s directive from October 9, which instructed the agency to supply copies of uninspected and unrelied-upon documents. The ED stated that its investigation is now complete, and as per the Adjudication Authority’s directions, it is no longer permitted to retain the seized items. With approval from the Competent Authority, the ED has begun returning the digital devices listed among the unrelied-upon documents.

On September 30, the ED filed an application before the Special Judge, seeking guidance on the non-inspection of these digital devices pending their return. However, the Special Court returned the application without issuing a formal order.

Justice Manoj Kumar Ohri’s bench has issued notices to all respondents, including the Aam Aadmi Party and its leaders Arvind Kejriwal, Manish Sisodia, Sanjay Singh, Vijay Nair, as well as businessman Sameer Mahendru and Amandeep Dhall. The matter is scheduled for hearing on January 30, 2025.

Separately, the Delhi High Court has issued a notice to the ED in response to a petition by former Delhi Deputy Chief Minister Manish Sisodia. Sisodia, an accused in the ongoing Excise Policy case, is challenging the trial court’s decision to take cognizance of the ED’s chargesheet, citing a lack of proper sanction for his prosecution. Justice Manoj Kumar Ohri has scheduled this matter for hearing on December 20. A similar plea filed by Delhi Chief Minister Arvind Kejriwal is also pending for hearing on the same day.

Several senior Aam Aadmi Party leaders, including Arvind Kejriwal, Manish Sisodia, and Sanjay Singh, along with other individuals, were arrested in connection with alleged irregularities in the Delhi Excise Policy for 2021-22. They face charges of money laundering and corruption under various sections of the Prevention of Money Laundering Act (PMLA).