The Delhi High Court has stayed the trial court’s order granting bail to Delhi Chief Minister Arvind Kejriwal. The court announced that it will pass a decision on the Enforcement Directorate’s stay application within two to three days, and until then, the trial court’s order will remain stayed.
This decision came just hours before Mr Kejriwal was about to leave the jail. The Delhi High Court has also issued a notice to Chief Minister Arvind Kejriwal, seeking his response to the Enforcement Directorate’s plea challenging the trial court’s June 20 order granting him bail.
“Until the pronouncement of this order, the operation of the impugned order shall remain stayed,” stated the vacation bench of Justice S.K.Jain.
Earlier today, Additional Solicitor General (ASG) SV Raju, representing the Enforcement Directorate, argued against the trial court’s decision to grant bail to Chief Minister Arvind Kejriwal, describing it as “perverse” and pointing out serious procedural irregularities. “The trial court’s order is completely flawed. The court said there was no direct proof. That’s a wrong statement by the court,” Mr. Raju argued before the bench comprising Justices Sudhir Kumar Jain and Ravinder Dudeja.
“We presented material evidence, but it was not considered. Bail can be canceled if relevant facts are overlooked or irrelevant facts are considered. This constitutes grounds for cancellation. I urge the court to examine the soundness of the order. Bail could have been granted, but not in this manner. It is a totally perverse order,” he added.
The Additional Solicitor General argued that the trial court’s decision was based on incorrect facts. “On wrong facts and wrong dates, the court concluded mala fide intent without providing a reason. My note was not considered, and I was not allowed to argue. The arrest was challenged, and the remanding court upheld its correctness. This was further challenged before this court, where a single judge found nothing wrong with the arrest,” he stated.
Citing a 2014 Supreme Court precedent, Mr. Raju underscored the importance of ensuring that bail decisions are based on sound legal reasoning and a comprehensive evaluation of all pertinent facts. “The trial court should not have overlooked relevant aspects or relied on irrelevant considerations,” he asserted.
The court did not hear our arguments, did not properly examine the evidence we provided, and dismissed our concerns without due consideration,” he added.
The ED arrested Mr Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags. The ED has alleged the money Mr Kejriwal got from the liquor sellers was used to fund the party’s campaign in Goa since he is the convenor of the AAP.
