Delhi HC Stays Arvind Kejriwal's Bail, Says 'Trial Court Has Not Applied Mind To Material'

The Delhi High Court on Tuesday allowed the petition moved by the Enforcement Directorate (ED) challenging the trial court order granting bail to jailed Delhi Chief Minister Arvind Kejriwal

Delhi HC said that the vacation court should have given adequate opportunity to ED to argue bail application. ( Image Source :PTI )

The Delhi High Court on Tuesday allowed the petition moved by the Enforcement Directorate (ED) challenging the trial court order granting bail to jailed Delhi Chief Minister Arvind Kejriwal in Delhi Liquor policy case. The high court today stayed the release of Kejriwal from jail until the matter is heard by a roster bench. The high court ruled that the documents and arguments were not appreciated properly by the trial court and thus stayed the bail granted to Kejriwal.

A bench of Justice Sudhir Kumar Jain of the high court pronounced the order today which it had reserved last week.

"Observation by the trial court that voluminous material cannot be considered is totally unjustified and it shows that the trial court has not applied its mind to the material," the high court said.

It further observed that the vacation court should have given adequate opportunity to ED to argue bail application.

"There was a strong argument that the twin condition of Section 45 PMLA was not deliberated by the vacation judge. This court is of the opinion that Section 45 PMLA has not been properly discussed by the trial court."

Trial Court Order's Finding Opposite To High Court Order

The high court further said that most importantly, the ASG SV Raju appearing for ED referred to Para 27 of the trial court order where the trial court judge talks about malafide by the ED. "But this court is of the opinion that a coordinate bench of this court has said there was no malafide on the part of the ED. Trial court should not have given any finding which is opposite to the finding of the High Court.

The high court further found that the Trial court has not dealt with the argument of Section 70 PMLA as well.

On Friday, the Delhi High Court paused the release of the Aam Aadmi Party (AAP) national convenor after the trial court granted him bail on June 20. In its bail order, the trial court had held that prima facie, Kejriwal's guilt was yet to be established and that the ED had failed to furnish direct evidence linking him to the proceeds of crime in the money-laundering case.

Supreme Court To Hear Kejriwal's Plea Tomorrow

Yesterday, the Supreme Court adjourned the hearing in Kejriwal's plea against suspension on his bail by the Delhi High Court. The top court will now hear the matter on Wednesday. 

A vacation bench of the Supreme Court comprising Justices Manoj Misra and SVN Bhatti heard the matter on Monday and said let the high court come out with the order. The bench said that let the high court order come out.

During the proceedings, Justice Misra remarked that reserving the order in stay application by the high court was a "bit unusual".

"Normally on stay applications, orders are not reserved. They are passed at the hearing itself, on the spot." Justice Misra said.