Directorate of Enforcement VS Arvind Kejriwal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUDHIR KUMAR JAIN
Directorate of Enforcement – Appellant
Versus
Arvind Kejriwal – Respondent

Counsel for the Parties:
For the Petitioner: Mr. S.V. Raju, ASG with Mr. Zoheb Hossain, Special Counsel for ED along with Mr. Anam Venkatesh, Mr. Vivek Gurnani, Ms. Abhi Priya, Mr. Dipanshu Gaba, Ms. Shweta Desai, Ms. Bhanupriya, AD, Mr. S. K. Sharma, AD/IO and Mr. Gaurav Saini, ALA
For the Respondent:Dr. Abhishek Manu Singhvi, Senior Advocate with Mr. Vikram Chaudhari, Senior Advocate, Mr. Vivek Jain, Mohd Irshad, Mr. Karan Sharma, Mr. Rishikesh Kumar, Mr. Mohit Siwach, Mr. Sadiq Noor, Mr. Kaustubh Sandhu, Ms. Hargun Sandhu, Ms. Nikita Gill and Mr. Rajat Jain, Advocates

ORDER

Crl. M.A. 18446/2024 (stay)

The factual background of the case as appearing from the record is that CBI registered an FIR bearing no. RC-0032022A0053 dated 17.08.2022 against Sh. Manish Sisodia, Deputy Chief Minister, GNCTD and others under section 120 B read with section 477A of IPC, 1860 and section 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 22.08.2022 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 dated 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.

1.1 ED issued 9 summon to the respondent which were stated to b