Delhi HC issues notice to ED on Sisodia's plea challenging absence of sanction to prosecute

New Delhi: The Delhi High Court on Monday issued notice to the Enforcement Directorate (ED) in a petition filed by former Delhi Deputy Chief Minister Manish Sisodia.
Sisodia, who is an accused in the ongoing Excise Policy case, has challenged the trial court's decision to take cognizance of the chargesheet filed by the ED, citing the lack of proper sanction to prosecute him.
The bench of Justice Manoj Kumar Ohri scheduled the matter for hearing on December 20, 2024. The court also noted that a similar plea filed by Delhi Chief Minister Arvind Kejriwal is pending for hearing on the same day.
Appearing for Manish Sisodia, Senior Advocate Vikram Chaudhari submitted that the chargesheet was filed without the necessary sanction approval from the competent authorities.
Plea filed stated that the allegations against the petitioner, Manish Sisodia, relate to official acts carried out by him in the course of his duties as a public servant.
It further stated that the Enforcement Directorate, in this case, has filed the impugned supplementary prosecution complaint (chargesheet) without obtaining prior sanction from the competent authority.
The plea contends that the Special Court's decision to take cognizance of the chargesheet, without this necessary sanction, contradicts established legal precedents. As such, the prosecution of the petitioner without the required sanction is unlawful.
As a result, the plea seeks an order for the quashing and setting aside of all consequential proceedings, both preceding and subsequent to the order passed in the case, as stated by the petitioner, Manish Sisodia.
The hearing in the matter is scheduled to be held on Monday by Delhi High Court bench of Justice Manoj Kumar Ohri.
In August, the Supreme Court granted bail to former Delhi Deputy Chief Minister Manish Sisodia in two cases related to the alleged Delhi liquor policy scam.
The court was hearing pleas filed by Sisodia seeking bail in both cases lodged by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), involving allegations of money laundering and corruption.
Sisodia, who was arrested in February 2023, had previously been denied bail by the Delhi High Court.
The plea argues that the trial court erred in proceeding with the case without ensuring that such sanction had been obtained. According to the petition, the absence of this mandatory sanction renders the chargesheet and the proceedings initiated by the ED legally invalid.
The Delhi High Court has scheduled the matter for further hearing on December 20, 2024, allowing both the petitioner and the Enforcement Directorate to present their arguments on this crucial point of law.
The court's notice to the ED marks the beginning of a legal challenge that could have significant implications for the conduct of future criminal proceedings against public servants.
Sisodia, a prominent Aam Aadmi Party (AAP) leader, has been in judicial custody since February 2023, along with other individuals, in connection with the alleged irregularities in the Delhi Excise Policy for 2021-22.
He faces charges of money laundering and corruption under various sections of the Prevention of Money Laundering Act (PMLA).
The case has attracted significant attention, given Sisodia's political role and the broader implications for the Delhi government and its policies.