Sanction against Arvind Kejriwal: AAP demands transparency amid liquor scam allegations

The Aam Aadmi Party (AAP) has questioned the legitimacy of a reported sanction granted by Delhi Lieutenant Governor VK Saxena to prosecute former Chief Minister Arvind Kejriwal in connection with the alleged liquor policy scam. The party has sought an official copy of the sanction letter, which they argue is critical to understanding the basis of the allegations and the proceedings initiated by central investigative agencies.

The Delhi liquor scam, one of the most contentious issues in recent political discourse, has placed the AAP government under scrutiny. Opposition parties, particularly the Bharatiya Janata Party (BJP), have accused the AAP leadership of corruption linked to the 2021-22 excise policy reforms. These allegations have fueled investigations by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), with Kejriwal now facing potential prosecution.

AAP’s Call for Legal Clarity

The AAP has consistently denied all allegations, branding them as politically motivated. Arvind Kejriwal’s legal counsel, Advocate Mudit Jain, stated that the documents attached to the chargesheet filed in court lack a formal sanction for prosecution. This omission, according to Jain, raises serious questions about the legal validity of the case.

In response, the AAP has approached the Rouse Avenue Court, requesting access to the sanction order. The court has directed the ED to respond to this plea, with the matter set for a hearing later this month. The party argues that without the sanction copy, any prosecution efforts would be legally questionable and could amount to harassment.

Understanding The Delhi Liquor Scam

The controversy centres on the Delhi Excise Policy 2021-22, which aimed to restructure the capital’s liquor retail market by increasing private sector participation. The policy was touted as a progressive reform to enhance revenue and improve consumer experience. However, it faced sharp criticism from opposition parties, who alleged that the policy was designed to favour select private vendors in exchange for kickbacks.

The BJP and Congress claim that the policy facilitated a nexus of corruption, with funds allegedly channeled back to senior AAP leaders, including Kejriwal. Following these allegations, the Delhi government withdrew the policy in mid-2022, but the controversy has since escalated into a legal battle.

Prosecution Sanction: A Key Legal Hurdle

The question of whether proper sanction exists for prosecuting Arvind Kejriwal has become a focal point in the case. In August 2024, the CBI informed the court that it had obtained the necessary approvals to proceed with cases against Kejriwal and other AAP leaders. Despite this claim, AAP has insisted on greater transparency, questioning the authenticity of these approvals and the motives behind them.

The absence of a visible, officially documented sanction raises broader concerns about procedural fairness. Legal experts suggest that without such approval, any chargesheet filed against a sitting or former public servant could be rendered invalid, potentially undermining the case’s credibility.

Political Implications of the Case

The liquor scam controversy highlights the increasingly polarised nature of Indian politics. The BJP has consistently portrayed the AAP as an untrustworthy force in governance, citing this case as evidence of systemic corruption. The AAP, on the other hand, has accused the BJP of weaponizing central investigative agencies to weaken its political rivals.

Analysts argue that the case’s outcome could significantly impact AAP’s standing, particularly as it seeks to expand its influence nationally. The controversy also underscores the role of public perception in legal and political battles, with both sides vying to shape the narrative in their favour.

The Road Ahead

With the court set to address the issue of the prosecution sanction in the coming weeks, the legal and political stakes are high. For the AAP, securing clarity on this matter is critical to countering the allegations and maintaining its credibility. For the BJP, the case represents an opportunity to challenge AAP’s governance credentials, particularly as both parties gear up for future elections.

The broader implications of the case extend beyond the immediate parties involved. It serves as a reminder of the importance of procedural integrity in legal matters and the potential consequences of perceived misuse of investigative powers.

As the Delhi liquor scam continues to unfold, the spotlight remains firmly on the AAP government and the credibility of the investigative process. The resolution of the prosecution sanction issue will not only influence the trajectory of the case but could also reshape the political landscape in Delhi and beyond. For now, the demand for transparency and adherence to due process remains central to the ongoing debate.