ED Challenges Kejriwal Bail in HC, Calls Trial Order Perverse, Wrong
The Enforcement Directorate, on Monday, before the Delhi High Court, submitted that it did not insist on cancellation of the interim bail granted to former chief minister of Delhi, Arvind Kejriwal, in the alleged liquor excise police case. However, the ED maintained that the order passed by the trial court, by vacation bench Judge Niyay Bindu, was ‘perverse and erroneous’ and ought to be set aside.
The bench of Justice Ravinder Dudeja presided over the matter and listed it for July 30, 2025.
The ED's counsel informed the court that Kejriwal was currently on interim bail granted by the Supreme Court, following the referral of certain legal questions to a larger bench. Therefore, the agency urged that the hearing on its plea against the trial court’s bail order be deferred.
Earlier, the High Court stayed the trial court’s June 2023 order granting bail to Kejriwal. The court also scheduled the hearing for August 12 on separate petitions filed by Kejriwal and former AAP minister Manish Sisodia. Both leaders challenged the trial court’s cognisance of the ED’s chargesheet in the excise policy matter, citing the absence of requisite sanction for prosecution.
The ED, however, argued that the said petitions had become infructuous, as the agency had since received the necessary sanction. Additional Solicitor General S.V. Raju informed the court that the Union Ministry of Home Affairs had granted the sanction in January 2025, and that the same had been placed on record.
The AAP leaders had previously argued that, since they were public servants at the time of the alleged offence, any prosecution required prior sanction, which was not obtained when the trial court took cognisance. On this basis, they sought the setting aside of the said order.
Kejriwal had also filed a plea seeking the quashing of all proceedings against him in the case. The High Court issued notice to the ED on this petition on November 21, 2024, but did not stay the trial court proceedings at that stage.
Background:
Kejriwal's arrest occurred on the evening of March 21st following the high court's denial of protection against coercive measures in a money laundering case associated with an excise policy, prompting searches by the ED at the Chief Minister's residence in Delhi.
During a hearing on Kejriwal's plea against the ED's arrest, it was disclosed that personal communications between Kejriwal and Hawala operators had been uncovered. The ED alleged that Kejriwal had demanded ₹100 crores during the Goa elections, which was subsequently routed through hawala transactions.
Earlier, on May 10th, the Supreme Court granted interim bail to Kejriwal, allowing him to campaign for the Aam Aadmi Party in the 2024 General Elections. Following this, the ED informed the court that Kejriwal had made derogatory public statements after his release on interim bail. The terms of interim bail stipulated that Kejriwal should refrain from contacting witnesses or accessing official documents related to the case.
Case Title: ED v Arvind Kejriwal
[Inputs: Times of India]