Excise Scam Fallout: High Court Puts Arvind Kejriwal’s Bail on Hold Amid ED Challenge
New Delhi, 21-06-2024 : The Delhi High Court has temporarily halted the implementation of a trial court’s decision to grant bail to Chief Minister Arvind Kejriwal in connection with a money laundering case linked to an alleged excise scam. This development came as the Enforcement Directorate (ED) moved the High Court, contesting the bail granted to Kejriwal and seeking a stay on the trial court’s order until the ED’s plea is heard.
The ED, represented by Additional Solicitor General S V Raju, argued before a bench comprising Justices Sudhir Kumar Jain and Ravinder Dudeja that it was not accorded sufficient opportunity to present its case during the trial court proceedings. Raju highlighted that despite the late-night pronouncement of the bail order on June 20, the ED was not provided with a copy of the order promptly. Additionally, he asserted that the trial court did not grant a requested 48-hour stay on its decision to enable the ED to approach higher courts.
Section 45 of the Prevention of Money Laundering Act (PMLA) mandates that the public prosecutor must be given a fair chance to present arguments, a provision Raju claimed was overlooked during the trial court hearing. He emphasized the urgency of staying the bail order, asserting the ED’s strong case merits immediate consideration.
In response, senior advocates Abhishek Singhvi and Vikram Chaudhari, representing Kejriwal, countered the ED’s claims, stating that the allegations of unfair treatment were baseless. Singhvi cited several Supreme Court precedents emphasizing the distinction between granting and revoking bail, urging the High Court not to hastily overturn the trial court’s decision.
Chaudhari highlighted that Kejriwal had been granted interim bail by the Supreme Court until June 1 to campaign during the Lok Sabha elections, after which he surrendered himself on June 2. Despite a subsequent denial of interim bail on June 5 by the trial court citing health reasons, Kejriwal has remained in custody at Tihar jail.
The High Court, while temporarily suspending the bail order, assured both parties that the matter would be expedited, with arguments scheduled to commence once the case file is formally presented for hearing. The trial court had conditionally released Kejriwal on a personal bond of Rs 1 lakh, with stipulations to cooperate with the investigation and refrain from obstructing witnesses, directives which the Chief Minister had agreed to adhere to.
#ArvindKejriwal #DelhiHighCourt #EDPlea #ExciseScam #LegalBattle #MoneyLaundering #BailOnHold #HighCourtDecision #LegalDrama #EnforcementDirectorate
