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Kejriwal Bail Highlights | We disagree with the Delhi HC's decision: AAP

Hello readers! The Delhi High Court today heard the Enforcement Directorate (ED)'s plea challenging a trial court order granting bail to AAP supremo and Delhi CM Arvind Kejriwal. After noting that the ED did not get a fair hearing before the trial court vacation judge Nyay Bindu who granted bail to the CM on June 20, the Delhi High Court has denied bail to Kejriwal in the Delhi Liquor Excise Policy money laundering case. Earlier on Monday, the Supreme Court dubbed as "unusual" the HC's stay on the interim relief granted to Kejriwal sans a verdict, and said that it would wait for the HC order before taking a call on the AAP leader's appeal. The apex court will now hear Kejriwal's plea against the Delhi HC order staying his bail plea on June 26. Thank you for following the latest updates from the Delhi excise policy case and Kejriwal's bail plea, here with DH.
Last Updated : 25 June 2024, 12:13 IST

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Highlights
03:1125 Jun 2024

Bail order perverse, Arvind Kejriwal neck deep in money laundering: ED to HC

03:1225 Jun 2024

'Unusual' for HC to reserve verdict while granting interim stay on bail order: SC on Kejriwal case

03:1925 Jun 2024

Delhi HC to pass order on ED's plea for stay on Kejriwal's bail today

09:1325 Jun 2024

'Interim bail was granted for elections. Once the arrest and remand of Kejriwal was declared valid by coordinate bench, it can't be said that personal liberty of the applicant was curtailed in violation of law' — Delhi High Court

09:1525 Jun 2024

Delhi High Court stays Arvind Kejriwal's bail, says trial court didn't properly appreciate ED case

11:2125 Jun 2024

We disagree with the Delhi HC's decision: AAP

11:3525 Jun 2024
It is very unusual that without reading the order of the trial court, Delhi High Court stayed the court order granting bail to Kejriwal...We will make a legal strategy regarding it..."
AAP leader Saurabh Bharadwaj
11:3325 Jun 2024

Highlights of Delhi HC judgement that put a stay on Kejriwal's bail

- Vacation Judge Niyay Bindu passed the bail order without going through ED’s entire material which reflects “perversity” in it.

- The court found factual force in the arguments advanced by ED that the Vacation Judge did not pass the bail order after due consideration of entire material on record.

- Justice Sudhir Kumar Jain censured the trial court judge saying, “It is not understandable that on one hand, the Vacation Judge has expressed her inability to go through entire documents stated to have been running into thousands of pages at the time of passing the Impugned Order and on the other hand, how in para no. 36 the Vacation Judge has mentioned that relevant arguments and contentions raised on behalf of the parties are dealt with,” said.

- The court also said, “The observation made by the Vacation Judge in Impugned Order is uncalled for, unwarranted and out of context. The Vacation Judge should refrain from making such observations in the Impugned Order. The Vacation Judge was required to consider every important and relevant document at time of passing of Impugned Order."

- Court says that the issue regarding Kejriwal’s role for vicarious liability was taken by ED by mentioning that the same was specifically examined and established but said issue did not find any place in the Impugned Order.

- “The trial court should have at least recorded its satisfaction about fulfillment of twin conditions of section 45 of PMLA before passing the impugned order," said the court.

-“The observation made by the Vacation Judge in Impugned Order is uncalled for, unwarranted and out of context. The Vacation Judge should refrain from making such observations in the Impugned Order. The Vacation Judge was required to consider every important and relevant document at time of passing of Impugned Order,” the court said.

-The court further observed that the Vacation Judge did not consider the issues mentioned by ED in its written note which was submitted before the trial court.

- "Every court is under an obligation to give sufficient and appropriate opportunity to represent their respective case before the court. ED ought to have given adequate opportunity to advance arguments on bail application by the Vacation Judge," said the court.

11:2125 Jun 2024

We disagree with the Delhi HC's decision: AAP

AAP National Spokesperson Priyanka Kakkar says, "The alleged liquor scam is fake...No recovery has been made even from a single leader of AAP in this case...We disagree with the Delhi HC's decision...Our legal team is looking into the matter..."

10:1825 Jun 2024

Supreme Court will hear Kejriwal's plea against the Delhi HC order staying his bail plea on June 26

09:1525 Jun 2024

Delhi High Court stays Arvind Kejriwal's bail, says trial court didn't properly appreciate ED case

The bench of Justice Sudhir Kumar Jain stays the Arvind Kejriwal bail order granted by the trial court on June 20. The bench had reserved the order on June 21 after the agency challenged the trial court's decision, which has been put on hold until the ruling. Meanwhile the Court has already fixed the main matter for July, where ED challenged the trial court order granting Arvind Kejriwal regular bail in the case.

The Delhi HC said, "This court has decided that the vacation judge did not appropriately appreciate the material on record and the averments of ED. Accordingly the application is allowed and the operation of the impugned order is stayed."

Published 25 June 2024, 03:19 IST

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