The Delhi High Court will announce its decision on Tuesday regarding a plea from the Enforcement Directorate seeking to halt the trial court’s decision to grant bail to Chief Minister Arvind Kejriwal in the money laundering case linked to an alleged excise scam. The court will deliver its verdict at 2:30 p.m.
In documents submitted on Monday, AAP leader Kejriwal defended the bail and emphasized that releasing him now would not harm the ED, as he could be returned to custody if the high court later overturns the decision. Kejriwal argued that staying the implementation of the “well-reasoned bail order” would essentially amount to accepting the petition to cancel the bail.
Earlier, a vacation bench led by Justice Sudhir Kumar Jain had reserved its decision on June 21 after the Enforcement Directorate contested the trial court’s ruling and suspended it until the final verdict.
If the high court had not granted interim relief to the Enforcement Directorate (ED), the AAP national convenor, arrested on March 21 by the ED, would have been released from Tihar jail. On June 20, the trial court had approved bail for Kejriwal, requiring him to furnish a personal bond of Rs 1 lakh and adhere to certain conditions, including refraining from obstructing the investigation or influencing witnesses.
The ED has argued that the trial court’s decision was “perverse,” “one-sided,” and based on irrelevant facts. In a filing on Monday regarding their plea to suspend the bail order, the ED stated that the ruling did not adequately consider evidence demonstrating Kejriwal’s extensive involvement in the money laundering offense linked to the alleged excise scam.
In response, Kejriwal submitted in writing that the ED’s claims were “clearly incorrect, misleading, and amounted to evasion and misrepresentation.”
“The repeated contention of the ED that it was not given a proper opportunity of hearing and/or all its contentions have not been dealt with warrant to be rejected at the outset. As stated, the order granting bail not only deals with all the relevant contentions of both the sides but also the reasons for grant of bail duly reflect a due and proper application of mind by the Learned Court on each and every aspect,” he said.
Kejriwal argued that the issue at hand was not a clear case of perversity evident from the record. He emphasized that being a political figure opposed to the central government should not serve as grounds for fabricating false charges against him and denying him due process under the law.
He expressed serious dismay over the stay order on his bail, describing it as a denial of justice that should not be prolonged any further. Kejriwal asserted that the bail granted by Special Judge Niyay Bindu on June 20 was well-reasoned and demonstrated a careful consideration of the arguments presented by both sides. He warned that suspending the bail order would essentially prejudge the case right from the outset.
On June 20, Special Judge Niyay Bindu, acting as the vacation judge, granted bail to Kejriwal in the money laundering case, citing the Enforcement Directorate’s failure to present direct evidence linking him to the alleged proceeds of crime.
Following this, on June 21, the high court suspended the implementation of the bail order pending a decision on the stay and directed written submissions from all parties by June 24.
Kejriwal has now approached the Supreme Court challenging the interim stay on his bail. The Supreme Court has scheduled a hearing for June 26 and indicated it would await the high court’s decision on the matter.
The excise policy came under scrutiny in 2022 when the Delhi lieutenant governor ordered a CBI investigation into alleged irregularities and corruption surrounding its formulation and execution. According to the CBI and ED, the policy modifications involved irregularities and undue benefits to license holders.