Arvind Kejriwal arrested by CBI in Court, drops bail plea in Supreme Court

Mangalore Today News Network

New Delhi, June 26, 2024: Arvind Kejriwal has been arrested by the CBI - inside Delhi’s Rouse Avenue Court - in the alleged liquor policy case, and then, in a tumultuous hour, withdrew a Supreme Court petition challenging a stay on grant of bail after his arrest in March - in the same case - by the Enforcement Directorate.

That petition was withdrawn - the ED offered no objection - citing a desire to launch a more substantial appeal against the High Court’s decision to stay the Rouse Avenue Court’s bail order.

The Delhi Chief Minister’s fortunes since the Rouse Avenue Court gave him regular bail last week has been significant. On Saturday, hours before his release from Tihar Jail, the ED moved the High Court, arguing the lower court’s "perverse" and "completely flawed" bail order ought not to stand.

The High Court then passed an oral directive to immediately pause the bail order and, on Monday, approached the Supreme Court to overturn that stay. The top court declined to oblige.

The Supreme Court acknowledged the High Court’s actions as "unusual"; Justice Manoj Misra said, "In stay matters, orders are not reserved but passed on the spot. What happened was unusual."

However, the court also indicated it would be improper to interfere as the High Court had reserved its verdict. The court responded to Mr Kejriwal’s arguments - that the High Court erred in staying his bail without fully reading the order of the lower court - by saying it would wait till the said order came on record, and the High Court had a chance to re-examine the stay - before ruling on his plea.

On Tuesday, as it said it would, the High Court did pass its final order.

And it was not good news for Arvind Kejriwal.

It argued the lower court - the Rouse Avenue Court - "didn’t apply its mind" when granting bail and pointed to what it said were lapses in judgement. These included not giving the prosecution enough time to argue the application and failing to properly discuss conditions for release in the Prevention of Money Laundering Act, under which Mr Kejriwal was charged.

"Averments and allegations made in the main petition (in which the prosecution challenged Mr Kejriwal’s bail order) require due consideration...," the High Court said, declaring the lower court had also failed to "discuss the vicarious liability of Arvind Kejriwal under Section 70 of the PMLA".

Mr Kejriwal, the court concluded, would remain in jail after his arrest in March by the ED.


Why Can’t I Be Free?" Kejriwal Argued

Earlier this week in the top court - which last month granted him interim bail so he could campaign in the general election - the AAP leader argued that the "balance of convenience" was in his favour.

"If bail is reversed, he will go back to jail... as he did after the Supreme Court’s interim release," senior advocate Abhishek Singhvi had said. He also referred to the order granting Mr Kejriwal that interim bail, which acknowledged that the AAP leader is not a "habitual offender" and has no criminal antecedents.

"Why can’t I be free in the interim? I have a judgment in my favour..." he had asked.

Last Thursday Mr Kejriwal was given regular bail by the Rouse Avenue Court.

The court accepted his argument that the case against him rested only on statements from former accused who have since turned government witnesses.

"Circumstances have to be so intrinsically linked (as to) lead to the guilt. Statements by tainted persons discredit prosecution’s case. There is no evidence ₹ 100 crore came from ’South Group’. There is no evidence," he argued.


Why Was Mr Kejriwal Arrested?

The ED arrested Mr Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags.

The ED has alleged that the money Mr Kejriwal and the AAP got from the liquor sellers - around ₹ 100 crore - was used to fund the party’s poll campaign in Goa and Punjab.

Both Mr Kejriwal and the AAP have rubbished the charges, calling them political vendetta and pointing out that despite months of searching the ED has still not found the alleged bribe money.

Courtesy: NDTV