In a major setback for Delhi Chief Minister Arvind Kejriwal, the Delhi High Court on Friday paused his bail order in a corruption case related to the Delhi Liquor Policy until a hearing on the Enforcement Directorate's (ED) petition. The ED challenged Kejriwal's bail hours before he was set to leave Tihar jail. The order is expected to be pronounced within two or three days.
The ED requested an urgent hearing of its petition before a bench of Justices Sudhir Kumar Jain and Ravinder Dudeja. The ED criticised the Delhi court's decision to grant Kejriwal bail, calling it "perverse".
SV Raju, Additional Solicitor General representing the ED, argued that the agency could not oppose the Aam Aadmi Party (AAP) convenor's bail. Raju claimed that his arguments were curtailed and that the trial court did not consider the ED's documents. "There can't be a more perverse order than this," Raju stated, as reported by Hindustan Times.
Trial Court Overlooked That Kejriwal 'Demanded' Rs 100 Crore Bribe: ED
Raju further alleged that the trial court granted bail without reviewing the evidence provided by the ED. He stated that bribegivers claimed Kejriwal demanded Rs 100 crore, a fact he argued was overlooked by the court. Raju also contended that the court's finding that the ED failed to present direct evidence of the proceeds of crime was incorrect, citing a statement from Magunta Reddy, HT reported.
Raju criticised the trial court's reference to Benjamin Franklin's saying, "It is better than 100 guilty persons should escape than an innocent person should suffer," arguing it was more applicable at the trial stage than for bail decisions.
The High Court decided that the trial court's order would not be acted upon until the petition was heard.
Kejriwal's wife, Sunita Kejriwal, and AAP leaders had planned to visit Tihar Jail to greet the Chief Minister following his expected release. The previous day, a Delhi court ordered Kejriwal's bail on a personal bond of Rs 1 Lakh with conditions, including not interfering with the investigation or influencing witnesses. The court accepted Kejriwal's argument that the ED had not presented sufficient evidence since his arrest on March 21.
Despite several rounds in trial courts and calls from the ruling Bharatiya Janata Party (BJP) for his resignation, Kejriwal has not stepped down as Delhi Chief Minister. In May, the Supreme Court granted him interim bail for election campaigning, but he returned to prison two days before the results were declared.
The ED arrested Kejriwal on money laundering charges related to the framing of the Delhi liquor policy for 2021-22, which was later scrapped after objections from the Lieutenant Governor. The ED alleges that funds from liquor sellers were used to finance the AAP's campaign in Goa.