Delhi HC stays trial court's order granting bail to Kejriwal
The Delhi High Court on Tuesday stayed the Rouse Avenue Court's order granting bail to Chief Minister Arvind Kejriwal in the money laundering case linked to the now-scrapped excise policy. This came in response to the Enforcement Directorate's plea against the trial court order. "The application is allowed and the operation of the impugned order is stayed," a vacation bench of Justice Sudhir Kumar Jain said.
Why does this story matter?
The ED arrested Kejriwal on March 21 over corruption allegations linked to excise policy. The probe agency alleges that Kejriwal played a significant role in drafting the policy and soliciting bribes for liquor licenses. It claimed that his party, the Aam Aadmi Party, received kickbacks amounting to ₹100 crore which were used to fund its Goa and Punjab election campaigns. Both Kejriwal and the AAP have denied these charges, labeling them as "political vendetta."
Delhi HC criticizes trial court's observations
While announcing the judgment, the HC criticized the trial court's decision to disregard the "voluminous material" presented by the ED in the case. Justice Jain said, "Observation by the trial court that voluminous material cannot be considered is totally unjustified and it shows that the trial court has not applied its mind to the material." The high court also noted insufficient deliberation on Section 45 of the Prevention of Money Laundering Act (PMLA) by the vacation judge.
Kejriwal moved SC last week
On Thursday, Delhi's Rouse Avenue Court approved bail for Kejriwal, stating that Kejriwal's guilt was yet to be established and the ED failed to provide direct evidence linking him to the proceeds of crime. The following day, the ED appealed to the Delhi High Court, requesting a stay on the trial court's order. After Delhi HC's interim stay, Kejriwal moved the Supreme Court.
SC flags 'unsual' stay period
Challenging the trial court's order, the ED's petition in the HC termed the ruling "perverse" and "one-sided." The ED argued that the findings were based on irrelevant facts. Meanwhile, the Supreme Court flagged the Delhi High Court's decision to stay Kejriwal's bail as "unusual." The apex court has reserved its order on Kejriwal's plea opposing the HC's stay and scheduled a hearing for June 26.
