Arvind Kejriwal to stay in jail as Delhi HC stays trial court order

mangaloretoday.com

New Delhi, June 21, 2024: The Delhi High Court on Friday directed an interim stay on the trial court order granting bail to Chief Minister Arvind Kejriwal in the liquor policy case till the pronouncement of its verdict on ED’s petition. The Delhi Chief Minister will remain in Tihar jail for now.

The order is likely to be pronounced on June 25. "I am reserving the order for two to three days. Till pronouncement of the order, the operation of the trial court order is stayed," the court said.

Justice Sudhir Kumar Jain passed the order after the ED moved the High Court challenging Thursday’s trial court order.

Additional Solicitor General (ASG) SV Raju, representing the ED, told the High Court that he was not given the "full opportunity" to argue his case.

"There can’t be a more perverse order than this. Without going through documents filed by both sides, without giving us an opportunity, the matter is decided," he said.

He argued that he was not given sufficient time to argue the case or to file written submissions, alleging that the judge was in a hurry to conduct the hearing and hurriedly disposed of the case. He said it was on record that the judge called the documents submitted "bulky" and refused to go through them.

"A judge who admits that [they] haven’t read the papers and grants bail, there cannot be greater perversity than this. This order has to go on this finding alone," Raju argued.

’ED GAVE DIRECT EVIDENCE, JUDGE IGNORED’

Citing Section 45 of the Prevention of Money Laundering Act (PMLA), Raju urged the court to stay the bail order.

He expressed strong objections to the trial court’s handling of the case, claiming that it didn’t take note of the submissions made by the ED.

"I am shocked that despite submitting the written note, the court is saying ED hasn’t been able to prove its case. You can decide against me, but don’t give wrong facts," Raju said, reading from the trial court’s judgment.

Detailing the ED’s evidence against Kejriwal, the ASG argued that the trial court dismissed significant findings. "We have shown all this to show that he had a role in the demand for Rs 100 crore. Yet the judge says no direct evidence. Direct evidence is in the form of a statement. There is corroboration also," he explained.

Raju criticised the trial court’s rationale for granting bail. "Holding a constitutional chair is a ground for bail? That means every minister will be granted bail. You are a Chief Minister, so you will be granted bail. Unheard of, there cannot be anything more perverse than this," he said.