SC order a precedent as PC gets relief, Kejriwal seeks protection

NEW DELHI: Senior Congress leader and former Union minister P Chidambaram on Wednesday succeeded in getting the trial proceedings against him in the Aircel-Maxis 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.