New Delhi:

Arvind Kejriwal will remain in jail after the Delhi High Court, on Tuesday afternoon, upheld its interim stay on a lower court granting the Chief Minister regular bail in the alleged liquor policy case.

The High Court argued that the lower court – Delhi’s Rouse Avenue Court – “didn’t apply its mind” when granting bail and pointed to what it said were lapses in judgement. These included not giving the prosecution enough time to argue the application and failing to properly discuss conditions for release in the Prevention of Money Laundering Act, under which Mr Kejriwal was charged.

“Averments and allegations made in the main petition (in which the prosecution challenged Mr Kejriwal’s bail order) require due consideration…,” the High Court said, declaring the lower court had also failed to “discuss the vicarious liability of Arvind Kejriwal under Section 70 of the PMLA”.

Arvind Kejriwal Bail Hearing Live Updates | AAP Boss To Stay In Jail

“This court has (therefore) decided that the vacation judge (in the Rouse Avenue Court, Niyay Bindu) did not appropriately appreciate material on record and the averments of ED,” the High Court said.

“Accordingly, the application is allowed and operation of the impugned order is stayed.”

ED Had Moved High Court On Bail

The High Court had been approached last week by the Enforcement Directorate – the federal agency that arrested the AAP leader in March in connection with the liquor policy case. The ED filed a last-gasp petition challenging a city court’s regular bail order, which it called “perverse” and “flawed”.

READ | Near Release, Kejriwal’s Bail Paused Till New Court Decision

The High Court heard both sides and then directed an interim stay on Mr Kejriwal’s release pending its full verdict today. On Monday Mr Kejriwal moved the Supreme Court against that interim stay.

The Supreme Court refused immediate relief to the Delhi Chief Minister, noting it would be improper for it to intervene when the High Court had reserved its judgement.

READ | “What Happened Is Unusual”: Top Court On Kejriwal Bail Hearing

It did, however, admit the High Court’s actions were “unusual”; Justice Manoj Misra said, “In stay matters, orders are not reserved but passed on the spot. What has happened here is unusual.”

“Why Can’t I Be Free?” Kejriwal Argued

In the top court – which last month granted Mr Kejriwal interim bail so he could campaign for his party, and the Congress-led INDIA opposition bloc, in the general election – the AAP leader argued that the “balance of convenience” was in his favour. “If bail is reversed, he will go back to jail… as he did after the Supreme Court’s interim release,” senior advocate Abhishek Singhvi had said.

Mr Singhvi also referred to the top court’s order granting Mr Kejriwal that interim bail, in which it acknowledged the AAP leader is not a “habitual offender” and has no criminal antecedents.

“Why can’t I be free in the interim? I have a judgment in my favour…” he had asked.

Last Thursday Mr Kejriwal was given regular bail by the Rouse Avenue Court.

READ | Delhi Chief Minister Arvind Kejriwal Gets Bail In Liquor Policy Case

The court accepted his argument that the case against him rested only on statements from former accused who have since turned government witnesses. “Circumstances have to be so intrinsically linked (as to) lead to the guilt. Statements by tainted persons discredit prosecution’s case. There is no evidence Rs 100 crore came from ‘South Group’. There is no evidence,” he argued.

Why Was Mr Kejriwal Arrested?

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 that the money Mr Kejriwal and the AAP got from the liquor sellers – around Rs 100 crore – was used to fund the party’s poll campaign in Goa and Punjab.

Both Mr Kejriwal and the AAP have rubbished the charges, calling them political vendetta and pointing out that despite months of searching the ED has still not found the alleged bribe money.

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New Delhi:

The Supreme Court on Monday refused Delhi Chief Minister Arvind Kejriwal immediate relief in his battle to overturn the High Court’s interim stay on a bail order issued last week by a lower court.

The court responded to Mr Kejriwal’s arguments – that the High Court erred in staying bail without fully reading the order, and rationale, of the lower court – by saying it would wait till the said order came on record, and the High Court had a chance to re-examine the stay – before ruling on his plea.

The court fixed Wednesday as the next hearing date; the High Court is expected to deliver its full verdict on Tuesday. “It is not proper to interfere when the High Court has reserved its judgement,” the Supreme Court said, “We will keep this petition for hearing for day after tomorrow.”

This was after Additional Solicitor General Tushar Mehta, appearing for the Enforcement Directorate – which arrested Mr Kejriwal in the liquor policy case March and has opposed bail and medical relief claimed by the Chief Minister – said the High Court is likely to render its verdict within 24 hours.

Earlier the High Court paused Mr Kejriwal’s bail after a last-gasp challenge from the Enforcement Directorate – filed hours before he was to leave jail – that said the release order was “perverse”.

The High Court immediately put Mr Kejriwal’s release on hold pending further arguments.

On Sunday Mr Kejriwal challenged the stay in the Supreme Court.

“Not Flight Risk”: Kejriwal Asks For Bail

This morning, as the day’s (brief) hearing began, Mr Kejriwal’s lawyers argued that the “balance of convenience” is in the Chief Minister’s favour, reasoning there is no substantial reason for the AAP leader to stay in jail. “If bail is reversed, he will certainly go back to jail… as he did after the Supreme Court’s interim release (to campaign for the election),” senior advocate Abhishek Singhvi said.

He was referring to Mr Kejriwal’s release last month – allowed by the top court – to campaign for his party and the Congress-led INDIA bloc in the 2024 Lok Sabha election, in which Prime Minister Narendra Modi’s BJP was pegged back and forced to rely on its allies to form the government.

Mr Singhvi also referred to the top court’s order granting Mr Kejriwal that interim bail, in which it acknowledged the AAP leader is not a “habitual offender” and has no criminal antecedents.

“Why can’t I be free in the interim? I have a judgment in my favour…” he continued, responding to the court suggesting the Chief Minister be patient for 24-48 hours till the High Court reads its order.

“If we pass order now, we will prejudge the issue. This is not a subordinate court…” he was told.

Mr Kejriwal’s side argued strenuously the stay order should not be allowed to stand because the lower court’s order had not been released when the High Court listed the ED’s challenge.

“There was only an oral direction to not give effect to the bail order…” his camp pointed out.

“This (Mr Kejriwal’s regular bail order) is a discretionary order passed by a trial court for a person who was (already) released by this honourable court,” senior advocate Vikram Chaudhary said.

“Perverse Order Can Be Stayed”

The ED, however, stressed that a “perverse”, or incorrect, order can and should be stayed.

It also told the court that, in its opinion, the twin conditions for grant of bail under Section 45 of the Prevention of Money Laundering Act, under which Mr Kejriwal has been charged, had not been met.

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