ED’s probe into Delhi excise policy ‘standalone’ with credible evidence, say officials

Enforcement Directorate officials said on Friday that their investigation into the Delhi excise policy-linked money laundering case is a “standalone” probe built on credible evidence and testimonials from various entities.

A Delhi court discharged former Delhi chief minister Arvind Kejriwal, his ex-deputy in the government, Manish Sisodia, and 19 others in the CBI case on Friday.

The ED case of August 22, 2022, stems from a CBI FIR lodged on August 17, 2022, to probe alleged irregularities in the Delhi government’s 2021-22 excise policy. Kejriwal, the national convenor of the Aam Aadmi Party (AAP), was the chief minister of Delhi then.

The agency cannot independently register a criminal case under the Prevention of Money Laundering Act (PMLA), and it must take cognisance of a complaint from the police, CBI or any other law enforcement agency, as mentioned in the law.

According to the Supreme Court’s ruling in the Vijay Madanlal (2022) case, once an accused is acquitted of the scheduled offence, the money laundering offence automatically ceases.

The ED has been arguing that money laundering should be treated as a standalone offence irrespective of the outcomes of the predicate or primary case being probed by the CBI or any other agency, officials said.

They said the evidence furnished by the agency in its Delhi excise policy-related chargesheets was “credible” and differed from the CBI’s, and the process of laundering, layering and placing the alleged proceeds of crime is explained in detail.

Officials said the trial court has not yet decided the merits of the ED case, adding they will present their arguments when required.

They added that the Supreme Court is also examining whether a money laundering case should be delinked from the predicate offence or if the current ruling, as defined in the Vijay Madanlal case, should continue.

The anti-money laundering agency filed a total of eight chargesheets, naming 40 entities. It had arrested 18 people, including Kejriwal and Sisodia.

Kejriwal was described as the “kingpin and key conspirator” of the Delhi excise “scam” by the ED. It was alleged that he acted in collusion with ministers of the Delhi government, AAP leaders and other persons.

The AAP chief asserted on Friday that the corruption case against him was the “biggest political conspiracy” in the history of Independent India.