The bail case concerning Chief Minister Arvind Kejriwal in the liquor scam has hit a snag. The Delhi High Court imposed an interim stay on the bail granted by the lower court to Kejriwal on Friday. But the question arises – why is Kejriwal's bail case in a bind?
ED challenged the lower court's decision before the High Court, sparking a spirited debate. Subsequently, the High Court has reserved its order for two to three days.
Before the High Court, Additional Solicitor General SV Raju representing ED, argued that the lower court's order was one-sided and based on irrelevant facts. The lower court failed to even consider the facts. There couldn't be a better case for revoking bail.
During the arguments, SV Raju pointed out that following the verdict, they had requested a 48-hour stay from the lower court to approach the higher court, which was not granted.
Why Was Kejriwal's Bail Revoked Based on ED's Arguments?
He stated that he was not fully allowed to argue the case. He wasn't given a proper two to three days to file a written response. This is incorrect. I have had a good record. But the lower court insisted on wrapping things up within half an hour as it wanted to deliver a verdict. I am making these claims with full seriousness.
The Prevention of Money Laundering Act (PMLA) Section 45 states that the public prosecutor must be given an opportunity to present their case, which I was not afforded.
He claimed that the lower court did not even consider his response due to the sheer volume of documents. Afterwards, the lower court shifted the blame onto the ED.
Lower Court Cited Benjamin Franklin While Granting Bail to Kejriwal
In the liquor scam, the lower court referred to one of the founders of America, Benjamin Franklin, before granting bail to Kejriwal. The court quoted Franklin's quote 'It is better that 100 guilty persons should escape than that one innocent person should suffer'.
The court said that ED's stance in the case was biased and they lacked adequate evidence to prove direct involvement of Arvind Kejriwal in the case. Special Judge Bindu of Rouse Avenue Court had stated that the ED failed to establish that the accused Vijay Nair was acting under Kejriwal's instructions.
Conversely, Kejriwal's lawyers Abhishek Manu Singhvi and Vikram Chaudhary opposed the plea to stay the lower court's decision. They argued that ED does not prioritize individual freedom, thereby failing to comply with Constitution's Article 21.
Singhvi mentioned that ED had presented their case for three hours and 45 minutes before the lower court judge. The hearing on this matter at the lower court went on for nearly five hours, with SV Raju speaking for approximately three hours and 45 minutes.
Delhi HC Stays Bail Pending Full Hearing
In the midst of the liquor scam case, the Delhi High Court stayed the bail granted to Chief Minister Arvind Kejriwal by the lower court, till the entire case is heard. Justice Sudhir Jain stated that the lower court's order shall not come into effect until the High Court case is pending.
Indeed, ED has challenged the order for Kejriwal's release on bail in the High Court. In their petition, ED claims that releasing Kejriwal at a critical stage of the investigation will impact the case as Kejriwal holds an important position as the Chief Minister.
What is the Alleged Delhi Liquor Scam?
The Kejriwal government in Delhi had implemented the Excise Policy 2021-22 on November 17, 2021. Under this new policy, the government exited the liquor business, and all the shops went into private hands.
The Delhi government claimed that the new liquor policy would end mafia raj and boost government revenue. However, the policy was controversial from the start and was eventually scrapped on July 28, 2022, when the uproar escalated. The alleged liquor scam came to light on July 8, 2022, through a report by then Chief Secretary Naresh Kumar of Delhi.
In his report, he levied severe charges against senior leaders of the Aam Aadmi Party, including Manish Sisodia. Delhi's LG VK Saxena recommended a CBI inquiry, which led to the registration of a case by CBI on August 17, 2022. The case also involved allegations of financial misappropriation, prompting the Enforcement Directorate (ED) to register a case as well.
The Chief Secretary accused Manish Sisodia, who also held the excise department portfolio, of incorrectly framing the liquor policy in his report. Allegations were made that the policy allowed licensee liquor businesses undue advantages.
The report accused the authorities of arbitrarily waiving a license fee of INR 144.36 crores under the pretext of COVID-19. Furthermore, INR 30 crores were returned to airport zone licensees when, in fact, this amount should have been confiscated.
