Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied
    Access Denied Nation
  • Ministers inspect Devadula project, assure funds to speed up works
    Ministers inspect Devadula project, assure funds to speed up works Nation
  • Access Denied
    Access Denied Nation
  • SBI uses AI to underwrite nearly ₹1 lakh crore in MSME loans in FY26
    SBI uses AI to underwrite nearly ₹1 lakh crore in MSME loans in FY26 Business
  • Why are close to 1.08 crore voters staring at mass exclusion? | Decode Karnataka
    Why are close to 1.08 crore voters staring at mass exclusion? | Decode Karnataka Nation
  • In Meghalaya, superstitions add to reasons delaying cancer care
    In Meghalaya, superstitions add to reasons delaying cancer care Science
  • Congress’ Vinesh Phogat On Exit Polls
    Congress’ Vinesh Phogat On Exit Polls Nation
  • Water Level Rises To 100 Feet In Assam Coal Mine, 9 Labourers Still Trapped
    Water Level Rises To 100 Feet In Assam Coal Mine, 9 Labourers Still Trapped Nation
Probe Agency To Top Court On Arvind Kejriwal Bail

Probe Agency To Top Court On Arvind Kejriwal Bail

Posted on June 26, 2024 By admin


Mr Kejriwal has said he will file a substantial appeal in the Supreme Court.

New Delhi:

 The Enforcement Directorate on Wednesday told the Supreme Court that the trial court judge was in a “hurry” and did not afford a reasonable opportunity to the prosecutor to oppose Delhi Chief Minister Arvind Kejriwal’s bail in a money laundering case linked to the alleged excise scam.

The federal probe agency said the June 20 order of the trial court granting regular bail to Mr Kejriwal was “perverse” for non-compliance of prerequisite mandatory conditions under section 45 of the Prevention of Money Laundering Act (PMLA).

A vacation bench of Justice Manoj Misra and Justice SVN Bhatti took on record the Enforcement Directorate’s reply affidavit filed in Mr Kejriwal’s plea challenging the interim stay granted by the Delhi High Court on June 21.

The bench also allowed Mr Kejriwal to withdraw his plea after senior advocate Abhishek Singhvi, appearing for him, said he would file a substantial appeal as the high court has pronounced the final order on June 25, staying the bail order.

The top court granted liberty to Mr Kejriwal to file the substantial appeal.

In its affidavit, the ED pointed out that section 45 of the PMLA envisages two mandatory conditions — public prosecutor be given the opportunity to oppose bail and where the public prosecutor opposes the bail application, the court has to satisfy itself that there exist reasonable grounds for believing that accused is not guilty of such offence and that he is not likely to commit any offence while on bail.

“In the instant case, it is the specific ground raised by the prosecuting agency with specific and concise averments showing that the judge (of trial court) was in a hurry and did not afford a reasonable opportunity to the Additional Solicitor General to oppose the bail,” it said while seeking to set aside the June 20 order.

The agency said money laundering being a specific and serious offence, the requirements under the PMLA override the provisions of the Code of Criminal Procedure (CrpC) in case of a grant or refusal of bail.

It added the court considering an application for bail must record its satisfaction which should be based on a belief formed by the court that the accused “is not guilty of such offence”.

“This would necessarily mean an examination of record, investigation papers, complaint filed etc. since it is only on perusal of such record that the court can reach a valid conclusion of the accused being not guilty of the offence of money laundering,” it said.

“If any of the above referred pre-requisite mandatory conditions are not complied with, the order would be in non-compliance of the mandate of section 45 of the Act and would also be perverse only on that ground. The perversity can also be on other grounds other than non-compliance with mandatory conditions,” the agency said.

The ED said it is not a matter of mere contention of the prosecuting agency but an admitted fact that the trial court judge did not examine the record of the case despite specifically requested by the prosecuting agency.

“Admitted part in the impugned order itself prima facie but clearly reflects non-compliance with mandatory conditions stipulated under section 45 of the Act,” it said.

The ED pointed out that during the bail hearing before the trial court on June 20, the Additional Solicitor General SV Raju was continuously asked to cut short his arguments by the trial court judge.

Even the impugned order reflects that the order has been passed hurriedly and admittedly without perusing the record of the case, the ED said.

“It is true that the expression ‘opportunity of hearing’ may not be capable of being defined based upon any particular time limit since it would depend upon the facts of each case

“However, undisputed facts stated in the petition regarding the court requiring the Additional Solicitor General to cut short his arguments and the order itself reflecting the fact that the judge chose not to go into the record shows complete non-compliance with the mandatory prerequisite contained in section 45 of the Act,” it said.

The agency added that all these facts show that even in addition to non-compliance of mandatory conditions under section 45 of the PMLA, the bail order is otherwise perverse both on facts and in law and deserves to be set aside.

Earlier on Wednesday, a Delhi court allowed the CBI to formally arrest Mr Kejriwal in connection with the alleged excise scam.

On Tuesday, the high court stayed the trial court order granting Mr Kejriwal bail in the case and held that the lower court did not “appropriately appreciate” the material placed before it by the Enforcement Directorate.

The AAP leader was arrested on March 21 by the ED and granted regular bail by the trial court on June 20.

In its bail order, the trial court 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.

The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.

According to the ED and the Central Bureau of Investigation (CBI), irregularities were committed while modifying the policy and undue favours were extended to the licence holders.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



Source link

Nation Tags:Arvind Kejriwal, ED, Enforcement Directorate

Post navigation

Previous Post: Russia Begins Closed-Door Trial For US Reporter On Spy Charges
Next Post: “Lost 3 World Cups, 2 Asia Cups”: Babar Azam Slammed Over Legal Action Threat To Ex-Pakistan Stars

Related Posts

  • Access Denied
    Access Denied Nation
  • Hopes and fears compete as Delhi students join CJP protest for education reforms
    Hopes and fears compete as Delhi students join CJP protest for education reforms Nation
  • Gastroenterology dept. at Ernakulam General Hospital likely to get OP facility
    Gastroenterology dept. at Ernakulam General Hospital likely to get OP facility Nation
  • Access Denied
    Access Denied Nation
  • Dalit Woman Raped In UP, 1 Arrested; Police Case Against Cleric: Cops
    Dalit Woman Raped In UP, 1 Arrested; Police Case Against Cleric: Cops Nation
  • Access Denied
    Access Denied Nation

More Related Articles

Access Denied Access Denied Nation
What is the Supreme Court’s clarification on sedition law? | Explained What is the Supreme Court’s clarification on sedition law? | Explained Nation
Sharad Pawar Says Will Take Back Ajit Pawar Camp MLAs, But There’s A Rider Sharad Pawar Says Will Take Back Ajit Pawar Camp MLAs, But There’s A Rider Nation
Goings-on around a wall in Mandaveli: residents want CM Vijay to take note of their plight Goings-on around a wall in Mandaveli: residents want CM Vijay to take note of their plight Nation
Access Denied Access Denied Nation
Assam ships first legal agarwood chips to West Asia Assam ships first legal agarwood chips to West Asia Nation
SiteLock

Archives

  • October 2026
  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Saudi Supreme Court sets aside Sri Lankan migrant worker’s death penalty
  • Nedumbassery accident: CPI(M) stages protest march to police station over ‘indifference’ in handling of case
  • Why CJI Surya Kant said ‘no’ to Rahul Gandhi’s request to meet | Explained
  • September WPI Inflation rises to 11.39% as food, fuel and manufactured goods prices increase
  • Frankfurt-Delhi Air India flight diverted to Jaipur following bomb threat

Recent Comments

  1. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Manuelret on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. BrentWes on UP Teacher Who Asked Students To Slap Muslim Classmate
  • India vs Bangladesh: Asia Cup 2023 Live Cricket Score, Live Score Of Today's Match on NDTV Sports
    India vs Bangladesh: Asia Cup 2023 Live Cricket Score, Live Score Of Today's Match on NDTV Sports Sports
  • Iran and Sweden carry out a prisoner swap, freeing man convicted of war crimes over 1988 executions
    Iran and Sweden carry out a prisoner swap, freeing man convicted of war crimes over 1988 executions World
  • IIT Bombay Slaps Fine Over Protest Against ‘Veg Only’ Policy: Students Body
    IIT Bombay Slaps Fine Over Protest Against ‘Veg Only’ Policy: Students Body Nation
  • Madhu Gottumukkala, US Cybersecurity official, accused of uploading “sensitive” documents to ChatGPT
    Madhu Gottumukkala, US Cybersecurity official, accused of uploading “sensitive” documents to ChatGPT World
  • Access Denied Sports
  • Access Denied
    Access Denied Nation
  • Science quiz | Isomers: same formula, different persona
    Science quiz | Isomers: same formula, different persona Science
  • “Why Doesn’t BCCI…”: On Constant Dressing Room Leaks, Ex-India Star Proposes Solution
    “Why Doesn’t BCCI…”: On Constant Dressing Room Leaks, Ex-India Star Proposes Solution Sports

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Associate Journalists
1. Subrata Paul - AN/2020/01
2. Quamruz Zaman - AN/2021/22
3. Ahmed Sha - AN/2021/035
4. Ajay Kumar Shaw - AN/2021/39
5. Tahqiqul Hoda - AN/2021/21

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.