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.
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