MHA nod to prosecute Arvind Kejriwal: What next for AAP chief?

The development also came ahead of Kejriwal filing his nomination papers from the New Delhi Vidhan Sabha seat on Wednesday.

In fresh trouble for AAP national convener Arvind Kejriwal ahead of the Delhi elections, the Union Home Ministry has authorised the Enforcement Directorate (ED) to pursue prosecution against former Delhi Chief Minister.

The development also came ahead of Kejriwal filing his nomination papers from the New Delhi Vidhan Sabha seat on Wednesday.

“Sanction to prosecute Arvind Kejriwal has been given by MHA. We have also received the sanction against Manish Sisodia," an ED official told News18 on Wednesday.

While the Central Bureau of Investigation (CBI) had received sanction to prosecute Kejriwal under Prevention of Corruption Act, ED moved for a separate sanction under Section 197(1) of CRPC as mandated by a Supreme Court order.

The approval came after Delhi Lt Governor V K Saxena recommended that ED be granted sanction to prosecute Kejriwal in the excise policy case. According to guidelines, the Lt Governor can recommend to MHA or the Government of India, which are the competent authorities in such an instance, to grant sanction for the prosecution of the chief minister.

What next for Kejriwal?

A special court could take up the case on January 30. The Delhi election is scheduled to be held on February 5. ED is likely to push for framing of charges after presenting the required documents. Once the charges are framed, the trial against Kejriwal and Sisodia will begin.

Kejriwal was arrested on March 21 last year by ED in connection with the Delhi excise policy case. He was questioned by ED and arrested after the central agency found that he was not cooperating in the investigation. He was granted bail by the Supreme Court in the ED case on July 12 and in the CBI case on September 13 last year. He resigned as Delhi chief minister on September 17, 2024.

The beginning of a new trial will give the BJP a chance to fire a fresh salvo at the AAP chief. With the trial on, Kejriwal’s return as the CM may be difficult too. Despite having been granted bail in the liquor policy case, the conditions set on his bail forced Kejriwal to step down from the CM’s chair since he was barred from visiting the secretariat or CMO. He was also restricted from signing any files.

A delayed trial could have given AAP a window to request for change in bail conditions had the party won in the Delhi assembly election which will be held on February 5.

BJP spokesperson RP Singh told News18: “It was a technicality… a legal issue. They were trying to hide behind this technicality. Timing is not an issue at all. ED sought to remove all legal anomalies and received the sanctions."