New Delhi:

The Delhi High Court halted Arvind Kejriwal’s anticipated release on bail after an urgent petition filed by the Enforcement Directorate (ED) just hours before the Delhi Chief Minister was set to leave Tihar jail. The agency The High Court said till it heard the petition, the trial court order granting Mr Kejriwal bail would not be acted upon.

Additional Solicitor General (ASG) SV Raju, representing the ED, argued against the trial court’s decision to grant bail to Mr Kejriwal, labelling it as “perverse” and highlighting serious procedural irregularities. “The trial court’s order is completely flawed. The court said there was no direct proof. That’s a wrong statement by the court,” Mr Raju said before the bench comprising Justices Sudhir Kumar Jain and Ravinder Dudeja.

“We showed material but nothing considered. There are two ways when bail can be cancelled. If relevant facts are not considered and irrelevant facts are considered, that is grounds for cancellation of bail. I am saying look at the soundness of the order. Could have granted bail but not in this manner. Totally perverse order,” he added.

The Additional Solicitor General said that the trial court arrived on the decision based on wrong facts. “On wrong facts, wrong dates, you come to a conclusion that mala fide. But why, the reason is missing. My note not considered, not allowed to argue. The arrest was challenged. The remanding court said the arrest was correct. It was challenged before this court. The single judge said nothing wrong with the arrest,” he said.

Citing a 2014 Supreme Court precedent, Mr Raju underscored the importance of ensuring that bail decisions are based on sound legal reasoning and comprehensive evaluation of all pertinent facts. “The trial court should not have overlooked relevant aspects and should not have relied on irrelevant considerations,” he asserted.

“The court did not hear our arguments, did not properly examine the evidence we provided, and dismissed our concerns without due consideration,” he added.

The High Court, while temporarily suspending the bail order, indicated that a thorough examination of the ED’s petition would be conducted before any further decisions are made. “Until the matter is fully heard and evaluated, the trial court’s decision granting bail cannot be implemented,” the bench declared.

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 the money Mr Kejriwal got from the liquor sellers was used to fund the party’s campaign in Goa since he is the convenor of the AAP.

New Delhi:

The Supreme Court will not hear Arvind Kejriwal’s request seeking a 7-day extension of his interim bail in a corruption case linked to the Delhi liquor policy. The Court last month granted interim bail to Mr Kejriwal to campaign for the Lok Sabha elections and had asked him to surrender on June 2, a day after the last leg of polling.

The Supreme Court registrar, while refusing the plea, said that the Delhi Chief Minister was given permission to move trial court for regular bail, and hence this petition is “not maintainable”.

Mr Kejriwal had sought an extension on medical ground and requested the court for an urgent hearing today.

“In view of health complications and increased risk signs, a medical examination is necessary to protect him from possible long-term harm to during his prison term,” senior advocate Abhishek Manu Singhvi, who is representing Mr Kejriwal, said in the petition. He had also stressed that the AAP leader will remain “visible and available in public” while out on bail.

“There is no risk of fleeing the legal process and conditions set by Supreme Court (for interim bail) have been followed…” Mr Singhvi said.

The probe agency believes the Delhi Chief Minister played a key role in drafting the now-scrapped policy and seeking bribes, or kickbacks, in return for liquor licences. The agency has claimed the AAP received kickbacks of Rs 100 crore that was then used to fund its Goa and Punjab election campaigns.

The AAP and Mr Kejriwal have refused all charges and called the arrest and case “political vendetta”, coming as it did, weeks before the election. The arrest also triggered a political spat between the ruling BJP and the opposition INDIA bloc, which is led by the Congress and of which the AAP is a member.

Delhi Chief Minister Arvind Kejriwal addresses supporters outside Tihar Jail after the Supreme Court granted him interim bail in a money laundering case, amid the ongoing Lok Sabha elections, in New Delhi on May 10, 2024.
| Photo Credit: PTI

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Arvind Kejriwal Bail Hearing LIVE Updates:

The Supreme Court is expected to give its verdict today on interim bail to Delhi Chief Minister Arvind Kejriwal, who was arrested in a money laundering case and is seeking a release from jail to campaign for the ongoing Lok Sabha polls.

A bench, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved its verdict on Mr Kejriwal’s interim bail on May 7.

Mr Kejriwal, the national convenor of the Aam Aadmi Party (AAP), was arrested on March 21 by the Enforcement Directorate (ED) in a money laundering case linked to the alleged liquor policy scam. He is currently lodged in Tihar jail under judicial custody.

Earlier Tuesday, a Delhi court extended his judicial custody till May 20.

Here are the LIVE updates on Arvind Kejriwal’s bail hearing:

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Arvind Kejriwal’s Interim Bail Live: Probe Agency’s Affidavit In Supreme Court

In its affidavit filed in the Supreme Court on Thursday, the ED pointed out that, while hearing the bail plea of former Delhi deputy chief minister Manish Sisodia — a co-accused in the same Delhi liquor policy case — the court had said that the laws apply equally to all citizens and institutions, including the State.

Stating that Arvind Kejriwal had sought interim bail primarily for campaigning in the Lok Sabha elections, the agency submitted, “It is relevant to note that the right to campaign is neither a fundamental right nor a constitutional right and not even a legal right.”

The agency also argued that 123 elections have taken place in the past five years and if interim bail is granted to Mr Kejriwal for campaigning, then no politician can be kept in judicial custody since polls take place around the year.

Arvind Kejriwal’s Bail Live: Probe Agency ED Opposes Arvind Kejriwal’s Bail

The probe agency ED has filed an affidavit in the Supreme Court opposing Arvind Kejriwal’s petition. It said that laws are equal for all and that campaigning for the Lok Sabha polls is not a fundamental, constitutional, or even a legal right.

The central agency also said that no political leader has ever been granted bail for campaigning and that letting Mr Kejriwal, the national convenor of the Aam Aadmi Party (AAP), out of jail to canvas for his party candidates would set a wrong precedent.

Arvind Kejriwal Bail Live: Supreme Court Had Reserved Its Verdict On May 7

A Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved its verdict on interim bail of Arvind Kejriwal on May 7.

The bench reserved its decision after hearing the arguments put forth by senior advocate Abhishek Singhvi, who appeared for Mr Kejriwal, and Additional Solicitor General SV Raju, who appeared for the Enforcement Directorate.

The bench has divided the hearing on Mr Kejriwal’s petition against his arrest into two parts. His main petition challenges his arrest by the probe agency and seeks it to be declared as “illegal”. The second aspect pertains to the grant of interim bail keeping in mind the ongoing Lok Sabha polls.

Arvind Kejriwal Bail Hearing LIVE: Supreme Court’s Verdict On Arvind Kejriwal’s Bail Likely Today
The Supreme Court is likely to give its order today on interim bail to Delhi Chief Minister Arvind Kejriwal. Mr Kejriwal was arrested in a money laundering case and is seeking a release from jail to campaign for the ongoing Lok Sabha polls.