The Delhi High Court has placed a hold on CM Kejriwal's release and bail. The court reserved its decision on ED's petition on Friday evening, stating that Kejriwal will remain in jail. Thus, within 24 hours, the bail granted by the trial court has been rendered ineffective. The High Court will now undergo a detailed hearing over the next two or three days before reaching a decision.
CM Kejriwal Accused of Money Laundering
The ED named CM Kejriwal as a suspect in a money laundering case related to an alcohol scandal. On Thursday, the vacation judge at the trial court, Justice Bindu, heard both parties’ arguments and granted bail to CM Kejriwal, adding that he could be released on a bond worth one lakh rupees.
High Court Imposed a Stay on Bail Early Friday
However, early on Friday, ED challenged the trial court's ruling in the High Court. The High Court immediately imposed a stay on Kejriwal's bail and then, based on the day's deliberations, decided to keep the stay order in place on Friday evening as well. This delays Kejriwal's release from Tihar Jail as the High Court continues to closely examine the case and whether or not to uphold the bail. The court has still maintained the stay order. A week-long hold has been placed on the trial court's order.
Insufficient Argument Time in Lower Court: ED
The Enforcement Directorate (ED) has challenged the bail order of Arvind Kejriwal in the Delhi High Court, which heard the case today. Justices Sudhir Kumar Jain and Ravinder Bhat of the vacation bench presided over the hearing. The court had put on hold the bail order until the hearing. ED’s lawyer argued that the lower court didn't provide enough time to debate the issue.
Read on for a full account of the proceedings in court...
ED's Arguments Overlooked: ASG
ASG Anil Sinha said that the trial court overlooked the arguments presented by ED. He expressed surprise that the court claimed ED was unable to investigate the matter despite submitting written notes. The lower court stated that ED failed to provide direct evidence. ASG Sinha contended that direct evidence had been presented.
Bail Decision Questioned
ASG Sinha, elaborating on the basis for challenging the bail, said, 'How can the lower court's order, stating that a man claimed to have paid 100 crores, not be considered proceeds of crime? We have tracked down 45 crores and shown its use in the Goa elections. Yet, the court claims ED lacks concrete evidence. ASG S.V. Raju says that a judge who admits not having read the entire document and still grants bail is flawed; such reasoning can invalidate the bail order.
Is a Constitutional Post a Basis for Bail?
ASG put forth the argument that Kejriwal is indirectly responsible as the AAP party is guilty of money laundering. He questioned if merely holding a constitutional post such as CM should become a ground for bail.
