PC stay, Kejriwal plea point to impact of SC's ED ruling

NEW DELHI: Senior Congress leader and former Union minister P Chidambaram on Wednesday succeeded in getting the trial proceedings against him in the AircelMaxis case stayed, while former Delhi chief minister Arvind Kejriwal moved the Delhi high court demanding a similar relief in the Delhi excise policy case -- developments that have put the spotlight on a November 6 Supreme Court ruling, which appears to be reshaping high-profile money laundering trials involving public servants.

- Shruti Kakkar

In its November 6 verdict, the top court ruled that prior sanction is mandatory to prosecute public servants in money laundering cases, establishing a key procedural safeguard under the Prevention of Money Laundering Act (PMLA) and adding a layer of accountability to such prosecutions involving public servants.

This decision seems to be rapidly emerging as a critical precedent in cases involving public officials under PMLA.

Both Chidambaram and Kejriwal, in their petitions filed separately, have banked on the November 6 judgment of the Supreme Court, arguing that trial courts' cognisance of the Enforcement Directorate (ED) charge sheets against them ought to be quashed for want of a prior sanction for prosecution since they happened to be public servants at the time of alleged offences.

While Chidambaram, in the Aircel-Maxis case, has been accused of illegally granting Foreign Investment Promotion Board (FIPB) approval as the Union finance minister during the UPA government, Kejriwal has been charge sheeted by ED over his alleged involvement in the formulation and execution of the Delhi excise policy 2021-22, which was later scrapped over allegations of irregularities and corruption. Both leaders have denied the charges.