Delhi Chief Minister Arvind Kejriwal will continue to stay in jail after the Delhi High Court upheld its interim stay on a lower court’s decision to grant him regular bail in the alleged liquor policy case.
The High Court criticized the Rouse Avenue Court for not adequately considering the prosecution’s arguments and for lapses in judgment, including insufficient discussion on the conditions for release under the Prevention of Money Laundering Act (PMLA), under which Kejriwal was charged.
Court’s critique on bail decision
The High Court stated that the lower court did not apply its mind properly when granting bail to Kejriwal and pointed out several lapses, such as not giving the prosecution enough time to argue the application and failing to discuss Kejriwal’s vicarious liability under Section 70 of the PMLA.
“Averments and allegations made in the main petition require due consideration,” the High Court said, emphasising that the lower court failed to appropriately appreciate the material on record and the Enforcement Directorate’s (ED) arguments.
ED’s challenge and Supreme Court’s stance
The Enforcement Directorate had approached the High Court last week to challenge the regular bail order granted by the Rouse Avenue Court, calling it “perverse” and “flawed.” The High Court, after hearing both sides, directed an interim stay on Kejriwal’s release pending its full verdict.
Also Read: Supreme Court refuses immediate relief to Arvind Kejriwal in Delhi Excise Policy case
Arvind Kejriwal had moved the Supreme Court against the High Court’s interim stay, seeking immediate relief. However, the Supreme Court refused to intervene, noting that it would be improper to do so while the High Court had reserved its judgment.
The top court did admit that the High Court’s action was unusual, with Justice Manoj Misra remarking, “In stay matters, orders are not reserved but passed on the spot. What has happened here is unusual.”
Kejriwal’s arguments and bail conditions
In the Supreme Court, Arvind Kejriwal argued that the balance of convenience was in his favor and that he should be allowed to remain free on bail. His lawyer, senior advocate Abhishek Singhvi, emphasized that Kejriwal is not a habitual offender and has no criminal antecedents.
The Rouse Avenue Court had granted Arvind Kejriwal regular bail last Thursday, accepting his argument that the case against him relied solely on statements from former accused who have since turned government witnesses. Kejriwal argued that there was no substantial evidence linking him to the alleged ₹100 crore bribe from liquor sellers.
Background of the case
Arvind Kejriwal was arrested by the ED over allegations of money laundering while framing the Delhi liquor policy for 2021-22, which was later scrapped. The ED claims that the money received from liquor sellers was used to fund the Aam Aadmi Party’s poll campaign in Goa and Punjab. Both Kejriwal and the AAP have dismissed the charges as political vendetta, pointing out that the ED has not found any evidence of the alleged bribe money despite extensive investigations.
As the legal battle continues, Kejriwal remains in jail, with his future bail prospects dependent on forthcoming judicial reviews and decisions.
