Delhi HC Stays Trial Court Order Granting Bail To Kejriwal

Delhi Chief Minister Arvind Kejriwal has to remain in jail for another few days as the Delhi High Court on Friday stayed the trial court order granting bail to Kejriwal in the liquor policy case.

The vacation bench of Justice Sudhir Kumar Jain said that the judgement will be delivered in two to three days.

"Till pronouncement, the operation of the impugned order shall remain stayed, the court said while putting an interim stay on the trial court decision granting bail to Kejriwal.

In the meantime, Delhi HC issued notice to Kejriwal on ED plea challenging the trial court order granting bail to Kejriwal.

The HC was hearing the Enforcement Directorate's plea challenging the trial court decision granting bail to Kejriwal. Yesterday evening Rouse Avenue Court granted the bail to Kejriwal. Today morning ED moved the HC seeking a stay on the order.

Challenging the Rouse Avenue court order, Additional Solicitor General SV Raju said that the trial court order is perverse. ASG SV Raju appearing for the Enforcement Directorate says proper opportunity has not been given to probe agency for argument before the trial court.

ASG Raju in Delhi HC raised various questions on the trial court order and said the trial court made the wrong statement that ED failed to point out direct evidence against Kejriwal

ASG Raju informed Delhi HC that the probe agency has shown there was a role in the demand of 100 crores yet the trial court judge says no direct evidence. ASG Raju says direct evidence is in the form of a statement.

ASG Raju said that he would show how perverse and lopsided the trial court order is.

ASG SV Raju said that there should be a finding in the order that he is not guilty but this finding is not there in the trial court order and hence it cannot be a better case for cancellation of bail.

ASC Raju questioned whether holding a constitutional chair is a ground for bail

ASG Raju says it means any minister has to be granted bail and therefore you are a CM so you will be granted bail.... Unheard of!

ASG Raju said there cannot be anything more perverse than this.

ASG SV Raju explained to Delhi HC that the probe agency case is that Kejriwal is guilty of money laundering on two counts -- one as the individual capacity for demanding Rs 100 crore and the other one as he is vicariously liable because AAP is guilty of the offence of money laundering.

ASG Raju said the Aam Aadmi Party used this money in the election campaign of AAP candidates and events. AAP is also guilty and we have made AAP accused, ASG Raju said.

ASG Raju submitted before Delhi HC that any person responsible for the business and affairs of AAP will be guilty of the offence of money laundering.

ASG S V Raju said that it is a fit case for stay. An accused in the PMLA Case is not required to be shown accused in scheduled offence, ASG submitted.

Senior Advocate Abhishek Manu Singhvi appearing for Kejriwal said that the approach of ED is deplorable and that ED is still treating the high court order as the last word. He said If the High. Court order was final as suggested by the ED, why did the Supreme Court give liberty to approach the trial court for bail? And the Supreme Court reserved its order on the legality of the arrest, Singhvi said. He said that the law is very clear on the grant of bail and cancellation/reversal of bail is different.

Senior Advocate Vikram Chaudhari for Kejriwal informed Delhi HC that the trial court order, granting bail to Kejriwal, is most well formulated and qualifies for the test of justice and legality.

Senior Advocate Chaudhari for Kejriwal argued before Delhi HC that Kejriwal that after the expiry of interim bail granted by the Supreme Court, Kejriwal surrendered and later he tried for an extension which didn't happen. He said that the present bench is not dealing with a terrorist and he stressed that Kejriwal never violated any condition when he was out. Will the earth shake if the Chief Minister of Delhi is out, he said.

ED has appealed to set aside the order dated June 20, 20024 passed by Special Judge (Vacation Judge), Rouse Avenue District Courts that granted bail to Kejriwal. The trial court said in the bail order that ED has failed to give any direct evidence against the applicant (Kejriwal) in respect of the proceeds of the crime.

ED in its petition has said that the June 20 order granting regular bail to Kejriwal was passed without granting an adequate opportunity for hearing to the ED and without considering that in light of the facts of the present case where all courts up to the Supreme Court have given judicial imprimatur to the fact that the offence of money laundering has been committed and hence regular bail in light of the mandatory twin conditions under Section 45 of the PMLA could not have been granted.

It is also stated that the Special Judge (Vacation Judge), contrary to the well-settled legal position, refused to stay the impugned order for a short period to enable the ED to exercise its right to challenge the said order before the High Court and further copy of the impugned order was also not provided.

ED has also that in light of the above, the applicant is praying for urgent relief and if the present application is not listed, irreparable injury will be caused.

Vacation judge Nyay Bindu on Thursday granted bail to Arvind Kejriwal on furnishing bail bond of Rs one lakh. The court had refused the request of ED to postpone the process of filing a bail bond for 48 hours.

Kejriwal was arrested by the ED on March 21 in connection with a money laundering case relating to alleged irregularities in the now-cancelled Delhi excise policy 2021-22.

The Delhi Chief Minister was granted interim bail by the Supreme Court on May 10 given Lok Sabha polls and was told to surrender on June 2. He was asked not to visit the Office of the Chief Minister and the Delhi Secretariat.

(ANI)