Arvind Kejriwal bail highlights | Delhi HC stays trial court order granting bail to CM in excise policy case

Delhi’s Rouse Avenue Court on June 21 granted bail to the AAP supremo citing the ED’s failure to provide evidence linking him to the proceeds of the crime

Updated - June 25, 2024 03:57 pm IST

Published - June 25, 2024 11:00 am IST

Delhi Chief Minister Arvind Kejriwal.

Delhi Chief Minister Arvind Kejriwal. | Photo Credit: PTI

The Delhi High Court on Tuesday imposed a stay on the regular bail granted by a trial Court to Chief Minister Arvind Kejriwal in the excise policy case. 

Justice Sudhir Kumar Jain opined that the trial court had not sufficiently appreciated the evidence submitted by the Enforcement Directorate (ED). The judge also concurred with Additional Solicitor General (ASG) S.V. Raju’s contention that the central agency was not given an adequate opportunity to argue its stay application. 

“Accordingly the application (ED’s) is allowed. The operation of the impugned order is stayed,” Justice Kumar ruled while acting on the ED’s plea challenging the bail granted to the Chief Minister last week. 

Also Read: Trial court order had come down on ED ‘bias’ in Kejriwal case

Special Judge Niyay Bindu of Delhi’s Rouse Avenue Court on June 20 ordered the AAP supremo’s release subject to the furnishing of a bail bond of ₹1 lakh. She pointed out that the federal agency had failed to procure any direct evidence linking him with the proceeds of the crime. However, the ED moved the High Court the very next day alleging that the ruling was “perverse” and based on irrelevant facts.

Acceding to ED’s plea, the High Court imposed an interim stay on Mr. Kejriwal’s release and reserved its verdict to peruse the case records. This prompted Mr. Kejriwal to approach the Supreme Court citing an unwarranted curtailment of personal liberty. 

However, the top Court on Monday declined to intervene immediately and instead deferred the hearing of Mr. Kejriwal’s plea to June 26 to await the High Court’s final verdict on the matter. It however conceded that it was quite “unusual” for a High Court to reserve orders in a case affecting personal liberty. 

Also Read: Should we pre-judge? Supreme Court wonders as Kejriwal asks ‘why am I not free’

The Delhi CM was arrested by the ED on March 21. The agency had alleged that Mr. Kejriwal was the ‘kingpin’ in the Delhi Excise policy scam. After remaining in jail for weeks, he was released on May 10 by the Supreme Court to campaign for the Lok Sabha polls. He returned to jail on June 2 after the apex Court denied him any further relief. 

This live-blog has been closed
  • June 25, 2024 14:48
    Delhi HC stays bail granted by the trial Court to Delhi CM

    Delhi High Court stays the trial Court order granting regular bail to Arvind Kejriwal. 

    “This Court has decided that the vacation judge did not appropriately appreciate the material on record and the averments of ED. Accordingly, the application is allowed and the operation of the impugned order is stayed”, the order says. 

    Also Read: Delhi High Court stays Arvind Kejriwal’s bail in Excise policy case

    Delhi High Court stays Arvind Kejriwal’s bail in Excise policy case

    No bail for Arvind Kejriwal: Delhi High Court Vacation Bench stays bail for Arvind Kejriwal in Excise Policy case, citing lack of opportunity for ED.

  • June 25, 2024 14:47
    Trial court’s observation that it is not possible to peruse voluminous case records on such short notice is “totally unjustified”: Delhi HC

    The High Court refers to observations made by the trial court judge that it was not possible to go through thousands of pages of documents filed by the respective parties.

    “The Court of the opinion that such observation was totally unjustified and also reflected that the trial court has not applied it mind to the material placed before the court at the time of dealing with the bail application,” the High Court says. 

  • June 25, 2024 14:45
    Vicarious liability of Mr. Kejriwal under Section 70 of the PMLA not addressed by trial Court: Delhi HC

    Delhi HC says that the trial Court did not discuss the vicarious liability of Mr. Kejriwal under Section 70 of the PMLA

  • June 25, 2024 14:40
    Twin conditions of bail under Section 45 PMLA not properly discussed by trial court judge: Delhi HC

    “There was a strong argument that the twin conditions of Section 45 PMLA was not deliberated by the vacation judge. This court is of the opinion that Section 45 PMLA has not been properly discussed by the trial court”, Justice Kumar says while reading out the order. 

    [Section 45 of the PMLA imposes twin conditions for bail for money laundering offences - (i) that there are “reasonable grounds for believing that [the accused] is not guilty of such offence”; and (ii) that “he is not likely to commit any offence while on bail”.] 

  • June 25, 2024 14:37
    ED’s argument that it was not given adequate opportunity to argue requires due consideration: Delhi HC

    Justice Kumar addresses the argument raised by ASG SV Raju that the trial Court judge had not given the ED adequate opportunity to argue its stay application. 

    “The averments and allegations made in the main petition require due consideration of the court”, he adds. 

  • June 25, 2024 14:32
    The pronouncement of the verdict begins

    Justice Sudhir Kumar has presided to deliver the verdict. 

  • June 25, 2024 14:26
    Delhi HC to shortly deliver its verdict on ED’s plea for stay on bail

    Delhi HC to shortly pronounce verdict on the Enforcement Directorate’s plea seeking a stay on the trial Court’s order granting regular bail to Arvind Kejriwal. 

    Justice Sudhir Kumar Jain is expected to deliver the verdict at 2:30 pm.

    NEW DELHI, 24/01/2018: A view of Delhi High Court, in New Delhi on January 24, 2018. Photo: Sushil Kumar Verma

  • June 25, 2024 13:46
    Enforcement Directorate uses Kejriwal case to push for stringent checks on grant of interim bail

    The Directorate of Enforcement (ED) has used Delhi Chief Minister Arvind Kejriwal’s plea for liberty to pitch hard for stringent checks and balances on the grant of interim medical bail to the accused facing money laundering charges, saying only a case of intolerable grief and suffering should justify temporary release.

    Mr. Kejriwal surrendered before Tihar Jail authorities on June 2, 22 days after the Supreme Court, in an unprecedented order, granted him interim bail to campaign for the Lok Sabha elections till June 1.

    He was remanded to custody till June 5, when a Delhi court is scheduled to pronounce its judgment on his plea for interim bail on medical grounds. The Supreme Court Registry had recently declined to even list for judicial hearing Mr. Kejriwal’s application for a seven-day extension of his interim bail to take a PET-CT scan. 

    Read more here.
  • June 25, 2024 13:24
    The legal issues surrounding Arvind Kejriwal’s arrest | Explained

    Delhi Chief Minister Arvind Kejriwal’s arrest has resulted in several rounds of litigation – what legal contentions have been raised during the proceedings and what do judicial precedents say?

    Read The Hindu’s detailed explainer here

    The legal issues surrounding Arvind Kejriwal’s arrest | Explained

    Arvind Kejriwal arrest: The Hindu explores the legal issues surrounding the arrest of Delhi CM Arvind Kejriwal by the ED, including what legal contentions have been raised during the proceedings and what do judicial precedents say?

  • June 25, 2024 13:18
    Arvind Kejriwal to remain in jail as Delhi High Court stays bail order of court

    After a day-long hearing on the Enforcement Directorate’s plea challenging the bail granted to Chief Minister Arvind Kejriwal in the excise policy case, the Delhi High Court on June 21 put on hold the trial court’s order.

    “Till the pronouncement of this order, the operation of the impugned order (of the trial court) shall remain stayed,” a Vacation Bench of Justice Sudhir Kumar Jain said, adding that he was reserving the order for two-three days as he wanted to go through the entire records.

    Read more here

    Arvind Kejriwal to remain in jail as Delhi HC stays bail order till pronouncement of its verdict on ED’s plea

    Delhi High Court pauses Arvind Kejriwal's bail, reserves judgement on ED plea in money laundering case.

  • June 25, 2024 13:14
    Why did Delhi’s Rouse Avenue Court grant bail to Arvind Kejriwal?

    The Enforcement Directorate (ED) was acting with bias against Delhi Chief Minister and Aam Aadmi Party (AAP) founder Arvind Kejriwal, who was booked in the excise policy case, the Delhi court observed on June 20 while granting him bail

    Special Judge Niyay Bindu of the Rouse Avenue Court also said that the Central agency remained silent on the fact that Mr. Kejriwal was not named by the Central Bureau of Investigation (CBI) in its first information report (FIR) or in the Enforcement Case Information Report (ECIR) registered by the ED.

    Read more here

    Trial court order had come down on ED ‘bias’ in Kejriwal case

    Delhi court criticizes biased actions of ED against Arvind Kejriwal in excise policy case, bail granted then put on hold.

  • June 25, 2024 13:12
    What happened during the Supreme Court hearing yesterday?

    Appearing for the Delhi CM, senior advocate A.M. Singhvi argued that it was “unprecedented” for any Court to stay a bail order on the first day of the hearing itself. “We should not have suffered a stay at all. This is a question of personal liberty”, Mr. Singhvi asserted. 

    However, a vacation Bench of Justices Manoj Misra and SVN Bhatti decided to await the pronouncement of the High Court’s stay order in the meantime. “How do we know what is going on in the High Court’s mind?”, Justice Misra asked. 

    Read The Hindu’s live coverage of the proceedings here

    Arvind Kejriwal bail plea Highlights: No immediate relief for Kejriwal, Supreme Court to hear Delhi CM’s plea against HC’s stay on bail on June 26

    Arvind Kejriwal bail plea Highlights: Follow the highlights of Arvind Kejriwal’s bail plea hearing in the Supreme Court on June 24, 2024.

  • June 25, 2024 11:55
    Bail to Arvind Kejriwal has betrayed panic of ED, BJP, says AAP

    Aam Aadmi Party (AAP) leaders have said that the Enforcement Directorate’s (ED) plea in the Delhi High Court against the trial court’s bail to Chief Minister Arvind Kejriwal had betrayed the “panicked state” of the probe agency and the BJP, which are “trying to destroy Mr. Kejriwal’s politics of truth”. 

    “After the order, the ED was in a dilemma. Then, it was given orders by its higher-ups to go to the High Court. Have you ever heard of a situation where the order copy has not been released, nobody knows what is in the order, yet the EC goes and asks the High Court to put a stay on it?” Rajya Sabha member Sanjay Singh said. 

    Read more here.

    Bail to Arvind Kejriwal has betrayed panic of ED, BJP, says AAP

    Aam Aadmi Party (AAP) leaders said on Friday that the Enforcement Directorate’s (ED) plea in the High Court against the trial court order granting bail to Chief Minister Arvind Kejriwal had betrayed the “panicked state” of the BJP, which is trying to destroy Mr. Kejriwal’s politics of truth.

  • June 25, 2024 11:27
    Should we pre-judge? SC wonders as Kejriwal asks ‘why am I not free’

    The Supreme Court on Monday did not intervene immediately to lift a Delhi High Court order pausing the release of Chief Minister Arvind Kejriwal on bail. “If we pass an order, it would be like prejudging the issue,” Justice Manoj Misra, heading a Vacation Bench, observed on Monday.

    Read more here

  • June 25, 2024 11:02
    Delhi HC to pronounce verdict on ED’s plea against Kejriwal bail on June 25

    The Delhi High Court will pronounce its verdict on June 25 on the Enforcement Directorate’s plea challenging the bail granted to Chief Minister Arvind Kejriwal in the excise policy case. The Vacation Bench of the High Court, on June 21, reserved its order on the ED plea in order to go through the entire records. 

    The ED had moved an urgent plea before the High Court challenging the trial court’s bail order, which was passed late on June 20. Additional Solicitor General (ASG) S.V. Raju, representing the ED, had contended that the agency was not given adequate opportunity by the trial court to argue its case. 

    Read more here

    Delhi HC to deliver verdict on ED’s plea against Arvind Kejriwal’s bail today

    Kejriwal excise policy case: The Delhi High Court will pronounce its verdict on June 25 on the Enforcement Directorate’s plea challenging the bail granted to Chief Minister Arvind Kejriwal in the excise policy case

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in

Comments

Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.