Arvind Kejriwal Not To Be Released From Prison Till Delhi High Court Hears ED's Plea Today
The Delhi High Court has allowed an urgent listing of the Enforcement Directorate's plea challenging the bail granted to Chief Minister Arvind Kejriwal in the money laundering case stemming from the alleged Delhi excise policy scam.
Notably, yesterday (June 20), Special Judge Niyay Bindu of Rouse Avenue Court granted bail to Kejriwal. While granting bail, the ED had requested to keep the bail order in abeyance for 48 hours to allow the central agency to avail of legal remedies like moving the High Court in Appeal. However, the same was denied by the Trial Court.
Today, Additional Solicitor General (ASG) SV Raju appearing for ED, mentioned the matter for urgent listing before he Division Bench of Justice Sudhir Kumar Jain and Justice Ravinder Dudeja.
Raju contended, "There is a matter, I am moving for urgent stay. Yesterday evening 8 p.m., the order was pronounced. The order is still not uploaded. The grounds of bail and conditions imposed are not with us...I am seeking a stay on the order and hearing of the case as soon as possible...the right of a public prosecutor cannot be curtailed."
Senior Advocates Abhishek Manu Singhvi and Vikram Chaudhary appeared for Kejriwal. They opposed the challenge to the Trial Court order.
Chaudhary submitted, "The problem with ED is they can't accept anything with grace."
Singhvi contended, "Noise and heat will not solve the problem. There has to be some light."
Taking note of the submissions, the Bench said, "Let the file reach us within 10-15 mins, then we will hear you." The Court further stated that the Trial Court order will not take effect till the High Court hears the matter.
Pertinently, on May 10, the Apex Court had granted Interim Bail to the Delhi Chief Minister till June 1. On May 7, the Bench had clarified that, if it releases Kejriwal on bail, it does not want him to perform official duties.
Earlier, the Court had observed that it may consider granting interim bail to Kejriwal on account of elections. On April 29, the Bench had asked the Senior Counsel appearing for the Delhi CM, "Why have you not filed any Application For bail?"
Previously, the Enforcement Directorate had filed an extensive affidavit-in-reply to the Special Leave Petition by the Delhi Chief Minister, Arvind Kejriwal, assailing the order passed by the Delhi High Court upholding the arrest and remand in the money laundering case. In its reply, the ED had alleged that Arvind Kejriwal is the kingpin and key conspirator in the Delhi Liquor Policy Excise Scam, responsible for the mass destruction of evidence, and the main facilitator of the new policy for the bribe givers.
The ED had earlier, stated in its affidavit that there are reasons to believe, based on material in possession, that Kejriwal is guilty of the offence of money laundering. The ED had also made a comparative table to demonstrate the changes made that were allegedly arbitrary and irrational, made only to ensure large-scale profits to the bribe givers. It was also stated by the ED that Arvind Kejriwal was asked to provide the password to his mobile phones again and again, but he refused to share the same and even his statements during custody would reveal that despite being confronted with materials, the petitioner chose to give completely evasive answers.
