HC to AAP Leaders: 'Let them say, then we will Decide', allows time in ED challenge to Trial Court observations

Today, the Delhi High Court stepped in to balance procedural fairness with prosecutorial urgency, granting time to AAP leaders Arvind Kejriwal, Manish Sisodia and others to respond to the Enforcement Directorate’s plea seeking deletion of adverse trial court remarks. The controversy centres on whether judicial observations, made while discharging the accused, can extend to comment on parallel investigations without hearing the concerned agency, raising larger questions about judicial discipline and the scope of scrutiny under the PMLA framework.

The case stemmed from a trial court order, which discharged 23 accused persons, including senior political figures, in the excise policy corruption case. While granting relief, the trial court made strong observations questioning the basis of investigations into alleged election-related funding irregularities and the invocation of anti-money laundering provisions. The Enforcement Directorate has now challenged those remarks, arguing that they were made without hearing the agency and went beyond the scope of the CBI case. The counsel for the accused sought time to file replies, while the ED opposed any delay, insisting that the matter could be decided without further response.

Justice Swarana Kanta Sharma acknowledged the request for additional time, noting that the respondents should be given an opportunity to present their case before any final determination. The Court observed, “Since I passed an order, if they want to say something let them say… We will hear and then pass a final order,” indicating that procedural fairness must be preserved.

The matter has been listed for April 2 for further hearing, with the Court allowing the accused to file their replies to the ED’s plea.

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