The Delhi High Court has accepted the Enforcement Directorate's (ED) appeal against the trial court's decision to grant bail to Aam Aadmi Party (AAP) national convenor Arvind Kejriwal in the excise policy case. The high court ruled that the vacation judge did not adequately evaluate the substantial evidence provided by the ED.
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Criticism of Trial Court's Decision
The high court criticized the trial court for stating that it was impractical for the vacation judge to review the extensive records submitted by the ED. This statement was deemed "unjustified" and "uncalled for." The court asserted that this indicated a lack of thorough consideration by the trial court when granting bail.
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Justice Sudhir Kumar Jain's Statement
Justice Sudhir Kumar Jain, a member of the vacation bench, stated, "The application is allowed, and the operation of the impugned order is stayed." The high court highlighted that the trial court should have allowed the ED to fully present their case and should have ensured under Section 45 of the PMLA that "there are reasonable grounds for believing that Kejriwal is not guilty of such offence."
Furthermore, the court emphasized that the trial court overlooked the possibility of the AAP chief being vicariously liable for the offenses committed by the party.
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Delhi High Court Stays Bail Order
In a significant setback for Arvind Kejriwal, the Delhi High Court has stayed the trial court's order that granted him bail in the Delhi excise policy case. The Delhi High Court noted, "The vacation judge did not appropriately appreciate the material on record and the averments of the ED. Accordingly, the application is allowed, and the operation of the impugned order is stayed."
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Delhi HC Labels ASG SV Raju's Arguments as 'Unjustified'
-The court considered arguments from both parties.
-ASG SV Raju pointed out that the trial court observed the vacation judge did not review the record.
-This observation was deemed totally unjustified, reflecting that the trial court had not properly considered the evidence.
-The Delhi High Court stated that the mandatory conditions under the PMLA were not properly addressed in the trial court's order.
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Key Points from the Delhi High Court
The Delhi High Court noted:
-The vacation judge failed to address Kejriwal's vicarious liability under section 70 of the PMLA.
-The vacation judge did not correctly interpret the Supreme Court's Satender Kumar Antil judgment.
-The court also opined that the Supreme Court had granted bail to Kejriwal for the Lok Sabha. Since his plea challenging his arrest was dismissed by the High Court, it cannot be argued that his personal liberty was violated contrary to the law.
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Delhi HC to Pronounce Verdict at 2:30 PM Today
The Delhi High Court will deliver its verdict on the Enforcement Directorate's plea to stay the trial court's bail order at 2:30 PM today.
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Supreme Court Directs Delhi HC to Decide Satyendar Jain's Bail Plea on July 9
On June 25, the Supreme Court directed the Delhi High Court to resolve former AAP minister Satyendar Kumar Jain's bail plea in the ED case by July 9.
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Singhvi Asked SC to Lift Temporary Halt on Bail Order, but to No Avail
Abhishek Manu Singhvi, representing Kejriwal, urged the Supreme Court on Monday to lift the temporary halt on the bail order, arguing that Kejriwal should be released until the Delhi High Court decides. He asserted that Kejriwal was not a flight risk, stating, "I know what I am asking. This court must stay the High Court order before it is pronounced, just as the High Court stayed the bail order on mere mention by the Enforcement Directorate."
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ED Says, ‘Denial of Ample Opportunity…’
The ED told the Delhi High Court on Monday, “Denial of ample opportunity to the Enforcement Directorate is a violation of one of the conditions of Section 45,” as reported by ANI.
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What Does ED's Chargesheet Say in Excise Policy Case?
According to the ED, the AAP government led by Kejriwal received kickbacks amounting to ₹100 crore to finalize the excise policy, with a significant portion allegedly used for the party's campaign in Goa.
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What Did Delhi CM Write in His Submissions to Court?
In his written submissions, Kejriwal described the ED's assertions as "palpably wrong, misleading and tantamount to subterfuge and misrepresentation." He argued that the order granting bail adequately addressed all relevant contentions and reflected a thorough application of the court's mind.
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What Did the Supreme Court Say?
The Supreme Court, which deferred hearing Kejriwal's plea on Monday, noted that the Delhi High Court's delay was “unusual.” It stated, “In orders staying bail, judgment is not reserved but passed the same day.” The court deemed it appropriate to schedule the matter for the day after tomorrow and requested a copy of the High Court's order if it was issued in the meantime.
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Kejriwal Was Arrested by Enforcement Directorate on March 21
Kejriwal was arrested by the ED on March 21 and was set to be released from Tihar Jail on Friday before the High Court intervened with interim relief for the ED. The High Court suspended the trial court's order, pending the pronouncement of its own order, and directed all parties to submit written arguments by June 24.
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Kejriwal Was Granted Bail Twice, Second Time Stayed Even Before Order Was Out
Kejriwal, arrested in connection with the Delhi excise policy case, was granted interim bail by the top court on May 10 to participate in election campaigning, with a directive to surrender by June 2. On June 20, the trial court granted him regular bail, which was stayed by the High Court on June 21, even before the bail order was issued.
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Supreme Court to Hear Plea on Wednesday
The Supreme Court has scheduled Kejriwal's plea against the Delhi High Court's stay order on his bail for Wednesday.
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Arvind Kejriwal News Live Updates
The Supreme Court noted that the High Court, in its stay order, mentioned that a detailed order would be issued shortly, possibly by tomorrow. Consequently, the Supreme Court has scheduled Kejriwal's plea for the day after tomorrow.
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Kejriwal Argued Before the Supreme Court That High Court's Stay Order Was Unlawful
Kejriwal argued before the Supreme Court that the High Court's stay order was unlawful, as it was based on oral mentions and the trial court's order was not available. However, the Supreme Court stated that it cannot prejudge the High Court's actions and should wait for the detailed order.
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ED Files Written Submissions Before Delhi HC Opposing Any Relief to Kejriwal in Excise Case
The ED submitted written arguments to the Delhi High Court on Monday, challenging any relief granted to Kejriwal in the Excise Policy money laundering case. The agency described the trial court's bail order as illegal and perverse, arguing that the vacation judge returned perverse findings and did not consider new evidence collected after 2023, including statements from 13 Angariyas, Goa AAP workers, and AAP office bearers.
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HC Verdict on Kejriwal’s Bail Likely Today
The ED opposed Kejriwal's bail plea in the liquor policy case, describing the trial court's order as “illegal and perverse.” In its written reply, the ED stated that the trial court failed to consider relevant material that demonstrated the "neck-deep involvement" of Kejriwal in the money laundering case. The High Court is expected to pronounce its verdict on the ED's plea seeking a stay on Kejriwal's bail order at 2:30 PM today.
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CM Arvind Kejriwal Bail News Live Updates
The Supreme Court described the Delhi High Court's delay in issuing a detailed verdict as "unusual" but refused Kejriwal's request for immediate intervention, scheduling the matter for Wednesday.
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Here's What Arvind Kejriwal's Lawyer Said
Senior Advocate Abhishek Singhvi, representing Kejriwal, requested the lifting of the interim stay on the bail order, contending that Kejriwal poses no flight risk and urging the bench to suspend the High Court's decision before its finalization. "I am aware of my request. This court should stay the High Court order before it is pronounced, similar to how the High Court stayed the bail order based solely on the Enforcement Directorate's mention," he submitted.
With inputs from agencies
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