DIRECTORATE OF ENFORCEMENT Vs. ARVIND KEJRIWAL

JUDGEMENT

(1.) The factual background of the case as appearing from the record is that CBI registered an FIR bearing no. RC-0032022A0053 dtd. 17/8/2022 against Sh. Manish Sisodia, Deputy Chief Minister, GNCTD and others under Sec. 120 B read with Sec. 477A of IPC, 1860 and Sec. 7 of Prevention of Corruption Act, 1988 on the allegations of irregularities in framing and implementation of Excise Policy of GNCTD for the year 2021-22. Thereafter, the petitioner/Directorate of Enforcement (hereinafter referred to as 'ED') recorded ECIR bearing no. ECIR/HIU-II/14/2022 on 22/8/2022 and initiated investigation to trace out proceeds of the crime stated to have been generated due to alleged irregularities in formulation and implementation of Excise Policy 2021-22. CBI filed the charge-sheet in predicate offence on 25/11/2022. ED filed the Prosecution Complaint on 26/11/2022 and the Special Court has taken the cognizance vide order dtd. 20/12/2022. ED subsequently also filed 06 supplementary charge-sheets and cognizance was taken by the Special Court on these supplementary charge sheets accordingly.

(2.) ED in the present petition has challenged the Impugned Order primarily on the following grounds besides others:

(3.) Sh. S.V. Raju, the learned Additional Solicitor General assisted by Sh. Zoheb Hossain, Special Counsel advanced arguments for ED. Dr. Abhishek Manu Singhvi and Sh. Vikram Chaudhari, the learned Senior Counsels advanced arguments on behalf of the respondent. ED and the respondent have also submitted a written note/ submissions in terms of order dtd. 21/6/2024 which are perused and considered.