Setback for Kejriwal, High Court stays bail, just a day after lower court's release order

The Enforcement Directorate contests CM Arvind Kejriwal's bail in Delhi High Court, citing ongoing vital investigation.
Arvind Kejriwal's legal battle

Source: aajtak

Arvind Kejriwal Bail

: The Delhi High Court has imposed a stay on the bail granted to Chief Minister Arvind Kejriwal by a lower court in a liquor scam case. The stay is effective until the court's hearing.

The Enforcement Directorate (ED) has moved to challenge Kejriwal's bail order in the Delhi High Court. The ED states that releasing Kejriwal at a critical stage of the investigation could impact the outcome, especially with Kejriwal holding a significant position as Chief Minister.

The High Court dismissed the argument from Kejriwal's lawyer, Abhishek Manu Singhvi, that there was no rush to hear the petition. In the meantime, Justice Sudhir Jain remarked that the lower court's order would not come into effect while the High Court's hearing is pending.

Interestingly, Kejriwal had received bail from the lower court just the previous day, Thursday, an action immediately opposed by the ED via the Delhi High Court.

Justices Sudhir Kumar Jain and Ravinder Dudeja's vacation bench is currently hearing the case. The ED's representing lawyer argued they were not given sufficient time to debate the matter in the lower court.

ASG Raju expressed that they weren't granted the opportunity to file a written response, a situation he deemed highly inappropriate. The ED cited Section 45 of the PMLA, and ASG Raju insisted on the strength of their case, objecting to the presence of Singhvi.

Previously on the same day, the ED's lawyer sought an expedited hearing from the High Court. Both ASG Raju and lawyer Zoeb Hussein were present in the High Court on behalf of the ED, while Abhishek Manu Singhvi attended via video conferencing on behalf of Kejriwal.

Following the High Court's decision to suspend Kejriwal's bail, Rajya Sabha MP from the Aam Aadmi Party, Sanjay Singh, criticized the Modi government, questioning the haste in challenging an order that had not yet been received. He accused the government of making a mockery of the justice system, suggesting that the country is watching these developments closely.

What is the alleged Delhi liquor scam?

The Kejriwal government enforced the Excise Policy 2021-22 on November 17, 2021, transferring the entire liquor business to private hands and moving the government out of the trade.

The government claimed the new policy would eliminate mafia control and boost revenue. However, the policy was controversial from the start and was ultimately revoked on July 28, 2022, following escalating disputes. The alleged scam came to light through a report by Delhi's then-Chief Secretary Naresh Kumar on July 8, 2022.

His report accused prominent members of the Aam Aadmi Party, including Manish Sisodia, of serious offenses. LG VK Saxena recommended a CBI inquiry, leading to a CBI case filed on August 17, 2022. With allegations of embezzlement, the ED subsequently registered a money laundering case.

The Chief Secretary's report charged Manish Sisodia with crafting a faulty excise policy, overseeing the Excise Department. It alleged that the new policy benefitted license-holding liquor businesses unfairly.

It was claimed that license fees worth ₹144.36 crores were waived off arbitrarily using COVID-19 as an excuse, and ₹30 crores were refunded to airport zone licensees, which should have been confiscated.

Kejriwal's first bail was granted on May 10

The Supreme Court granted Arvind Kejriwal interim bail on May 10. They ordered his release on interim bail until June 1 to facilitate election campaigning, after which he surrendered on June 2.

Prior to this, the Delhi High Court had dismissed his petition challenging his arrest, prompting Kejriwal to approach the Supreme Court. Kejriwal was arrested by the ED in the alleged liquor scam on March 21.

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