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Delhi CM Arvind Kejriwal was arrested on March 21st this year. He obtained bail from the Supreme Court for his election campaign but failed to extend this relief in subsequent appeals. Finally, the trial court granted him regular bail on June 20
The Supreme Court on Monday, June 24, decided to adjourn the matter concerning Arvind Kejriwal's bail until June 26, opting to wait for the final order from the Delhi High Court. Court expressed its intent to avoid "pre-judging" the issue while the high court's decision was still pending.
Addressing Kejriwal's petition, the Supreme Court noted the "unusual" nature of the Delhi High Court's decision to grant an interim stay on Arvind Kejriwal's bail order passed by the district court while reserving its final decision on the Enforcement Directorate's stay application.
This interim stay was issued on June 21, pausing the trial court's decision to grant Kejriwal bail in the liquor policy case.
A vacation bench comprising Justices Manoj Misra and SVN Bhatti observed that typically, stay orders are issued "on the spot" immediately after the hearing, rather than being reserved.
On June 20, a trial judge granted Arvind Kejriwal bail in the liquor policy scam case. The next day, the Enforcement Directorate filed a petition before the Delhi High Court to challenge this. The high court reserved its decision on the ED's application to stay the bail order and ordered that the bail order would be stayed until the final decision.
During today's hearing before the top court, Senior advocate Dr. Abhishek Manu Singvhi representing Kejriwal criticized the high court's unusual procedure of immediately staying bail. He argued for Arvind Kejriwal's release citing his non-flight risk and favorable judicial precedents.
Singhvi along with Senior Advocate Vikram Chaudhary objected to the high court's swift decision to halt bail upon the ED's request, highlighting procedural concerns.
However, the court refrained from making substantive comments, scheduling the next hearing for two days later.
Background:
The Rouse Avenue Court had granted bail to Chief Minister Arvind Kejriwal, criticizing the ED for bias and failure to directly link him to proceeds of crime in the excise policy case. The court specifically admonished the ED for not clarifying the time required to trace the complete money trail and emphasized that without solid evidence, the accused should not be detained.
Furthermore, the court highlighted the importance of upholding the constitutional rights of under-trials, citing precedents from higher courts. It clarified that while it wasn't assessing the severity of the alleged offense, it was bound to follow established principles.
Additionally, the court noted the ED's failure to explain how alleged proceeds of crime were used in the Goa Assembly elections by AAP, despite a significant portion of the funds remaining unaccounted for after two years.
Case Title: Arvind Kejriwal v. Enforcement Directorate
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