[Liquor Excise Policy Case] Delhi Court Grants Regular Bail To Kejriwal

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Synopsis

Kejriwal petitioned the trial court for regular bail and requested permission for his wife to attend the medical examination. He stressed that his wife possessed extensive knowledge about the diseases and treatments, and thus should be permitted to participate.

On Thursday, the Delhi Court granted regular bail to Chief Minister Arvind Kejriwal in the now-defunct liquor excise policy case. Vacation Judge Niyay Bindu had reserved the order after considering submissions from both Kejriwal and the Enforcement Directorate (ED). He also sought permission to allow his wife to attend his medical examinations via video conferencing. 

During the court session, Additional Solicitor General (ASG) SV Raju referred to corroborating statements and call data records (CDRs). ASG Raju cited a statement from Sagar Patel, which mentioned three individuals, including Chanpreet Singh, receiving cash. Chanpreet Singh reportedly received a significant cash amount and paid for Kejriwal’s hotel expenses during the Goa election campaign.

ASG Raju stated that Singh received ₹45 crore through hawala channels, which financed AAP’s Goa election campaign. Furthermore, ASG Raju read the court order, which stated Kejriwal could not explain the source of the money used for his stay at a seven-star hotel in Goa. He asserted that kickback money funded the Goa campaign.

On the other hand, Senior Advocate Vikram Chaudhari, representing Kejriwal, challenged the ED’s practices and the basis of their case against Kejriwal. He argued that the case against him commenced in August 2022, and despite material evidence against him by July 2023, the first summons was issued only in October. He highlighted his cooperation as a CBI witness and the sequence of events leading to his arrest.

Senior Advocate Chaudhari questioned the propriety of the arrest, noting that the high court had acknowledged the legality but not the appropriateness of the arrest. He criticized the ED’s timing of arrests and summons, especially around election announcements, suggesting a pattern of targeted actions.

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.