Excise policy: Not seeking cancellation of Arvind Kejriwal's bail at this stage, ED to Delhi HC

New Delhi: The Enforcement Directorate on Monday told the Delhi High Court that it was not seeking at this stage the cancellation of the bail granted by the trial court to former chief minister Arvind Kejriwal in the excise policy-linked money laundering case.

The counsel for the Enforcement Directorate (ED) told Justice Ravinder Dudeja that since the former chief minister was on interim bail granted by the Supreme Court after certain questions of law were referred to a larger bench, the hearing on its plea challenging trial court order of bail should be deferred.

Justice Ravinder Dudeja suggested that the matter could be closed while protecting the rights and contentions of the parties and asked the ED's counsel to take instructions before the next hearing on July 30.

The judge observed that in the meantime, no prejudice was being caused to the accused.

Additional Solicitor General S V Raju pressed for a hearing on ED's petition, arguing that the trial court's order was "perverse" and the top court's larger bench, which was yet to be notified, could even recall the interim bail granted to Kejriwal.

"I am pressing for a hearing in the matter. The order is required to be set aside... I am not opposing or asking that his bail be cancelled. I am saying the trial court order is perverse. We weren't given an opportunity," he said.

On the other hand, contending that nothing was left in the matter, Kejriwal's counsel said the interim bail by the top court was as good as a regular bail and judicial time should no longer be wasted on carrying out any "academic exercise" in the instant proceedings.

Kejriwal's counsel said all other accused had already been granted bail in the case and no interference was required in the trial court's decision.

On June 20, 2024, Kejriwal was granted bail by the trial court on a personal bond of Rs 1 lakh, which was subsequently stayed by the high court in the present proceedings initiated by the ED.

On July 12, 2024, the Supreme Court, however, granted interim bail to Kejriwal in the money laundering case while referring to a larger bench three questions on the aspect of "need and necessity of arrest" under the Prevention of Money Laundering Act (PMLA).

Kejriwal was arrested by the ED and the CBI on March 21 and June 26, 2024 respectively, in the money laundering and corruption cases.

The excise policy 2021 was scrapped in 2022 after the Delhi Lieutenant Governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.