New Delhi:

Granting bail to Arvind Kejriwal will not “demoralise” the Delhi High Court, which last month refused the Chief Minister relief over his arrest by the CBI in the alleged liquor policy scam, the Supreme Court said Thursday. A bench of Justice Ujjal Bhuyan and Justice Surya Kant waved away the federal agency’s argument against releasing the AAP leader, saying, “Don’t say that.”

Appearing for the CBI, Additional Solicitor General SV Raju also argued that Mr Kejriwal had incorrectly bypassed the lower court – i.e., Delhi’s Rouse Avenue Court – and approached the High Court for bail.

“He approached High Court without going to Sessions Court… on merits, trial court could have seen it first. High Court can only see in exceptional cases…” he said, declaring releasing Mr Kejriwal now would demotivate the High Court.

The CBI’s logic also drew a sarcastic swipe from AAP MP Raghav Chadha, who posted on X, “If the Sun rises from the East, it will demoralise the West.”

In early August the High Court rejected Mr Kejriwal’s bail plea, directing him to approach the sessions court for relief. The AAP, however, opted to move the country’s top court, citing its observation in the release of ex Deputy Chief Minister Manish Sisodia, that “sending the appellant back to the trial court would be like playing a game of snakes and ladders…”

After Thursday’s hearing the top court reserved its verdict on Mr Kejriwal’s bail plea. The court also reserved its verdict on a separate plea challenging the CBI’s arrest of the Chief Minister.

The AAP chief was arrested by the CBI in June; he was taken into custody at the Rouse Avenue Court shortly after securing bail for his arrest by the Enforcement Directorate in the same case.

READ | “Insurance Arrest By CBI”, Kejriwal Argues For Bail In Supreme Court

Senior advocate Abhishek Singhvi, appearing for Mr Kejriwal, criticised the CBI’s arrest as an “insurance” to keep the AAP leader in jail for as long as possible, particularly with the Delhi Assembly election due early next year. Mr Singhvi pointed out Arvind Kejriwal had received bail in the ED case, which meant he had fully satisfied the ‘triple test’ legal principle for release.

READ | “Travesty Of Justice”: Manish Sisodia Gets Bail, Supreme Court Slams Delay

It was also pointed out that all others accused in the alleged liquor policy scam – Mr Sisodia and AAP Rajya Sabha MP Sanjay Singh, as well as Bharat Rashtra Samithi leader K Kavitha – had bail.

READ | ‘Just Because Woman Is Educated…’: Top Court As K Kavitha Gets Bail

“Prolonged incarceration cannot be there…” Mr Singhvi said, referring to statements by the top court in releasing Mr Sisodia, “Is ‘triple test’ satisfied? Yes… in the Manish Sisodia judgment, the court held that in this particular case of excise policy, trial is impossible to finish.”

Mr Kejriwal has been in jail since late-March. He received temporary reprieve in June, before Delhi voted in the general election, but had to return to Tihar Jail after the results were out.

The ED and CBI contend Arvind Kejriwal played a key role in forming of a new liquor excise policy for Delhi, which allowed him to sell wholesale licences and get kickbacks, around Rs 100 crore of which, the authorities claim, came from a ‘South group’ led by the BRS’ K Kavitha.

This money, the agencies allege, was used to fund the AAP’s election expenses in Goa.

Mr Kejriwal, the AAP, and other accused have denied the charge, counter-accusing rivals Bharatiya Janata Party, to whose government at the centre the agencies answer, of mounting a campaign against opposition politicians and parties, particularly before elections.

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A view of the Supreme Court of India, in New Delhi.
| Photo Credit: PTI

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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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New Delhi:

After the Delhi court granted bail to Chief Minister Arvind Kejriwal in an alleged excise police case, Aam Aadmi Party’s Legal team said that the Directorate of Enforcement (ED) had no proof against the party’s leaders and alleged that the case was a conspiracy of Bharatiya Janata Party.

Speaking to ANI on Thursday on the party supremo getting bail, AAP Legal Cell’s state president Sanjeev Nasiar alleged that the ED was working under “someone’s pressure.”

“Truth has won. This case was false, it was a conspiracy of the BJP party. This is a huge win for the AAP party for the country and all of us. ED has no proof against any of our leaders and they are working under someone’s pressure. They wanted to finish the political career of Arvind Kejriwal but they failed in this,” Advocate Sanjeev Nasiar said.

Advocate Rishikesh Kumar, part of AAP’s legal team, said, “Arvind Kejriwal granted bail on a bail bond of Rs 1 lakh. By tomorrow afternoon, Arvind Kejriwal will come out of jail. This is a big win for AAP leaders, country and people.”

AAP National Spokesperson Priyanka Kakkar claimed that regular bail in a PMLA case is nothing less than an acquittal.

“This case is completely fake, the whole case has been written in the BJP office. We are very grateful to the court for giving a historic verdict,” Priyanka Kakkar said.

Delhi Minister and AAP leader Saurabh Bharadwaj said that this decision will become a big example in our law system.

“All the institutions of the country whether it is ED, CBI, all have been taken over. Only the judiciary is left on which people trust. In PMLA, most people get relief only from the Supreme Court. Usually, lower courts never give relief. So it is evident that the central government has no proof in this case,” he said.

Punjab Minister and AAP leader Harpal Singh Cheema thanked the judiciary for granting bail to the party supremo. “A false case was done against our convenor Arvind Kejriwal. Today the justice has won,” he said.

Meanwhile, AAP leader and Minister of Power of Punjab Harbhajan Singh ETO said that the Constitution has won after Rouse Avenue court granted bail to Delhi CM Arvind Kejriwal

“Today the Constitution has won…A leader was arrested just ahead of the elections and today his release has made democracy win…people’s faith in the court has strengthened,” said Harbhajan Singh ETO.

Delhi Assembly Speaker Ram Niwas Goel said there is a “wave of happiness” in the Aam Aadmi Party.

“Arvind Kejriwal getting bail is a slap on the face of the opponents of democracy, a very big slap. This happiness will be more when he returns. Now his voice will be heard openly in the House as well,” Mr Goel said.

Vacation judge Nyay Bindu of Delhi’s Rouse Avenue court on Thursday granted bail to Arvind Kejriwal on furnishing bail bond of Rs 1 lakh. However, the ED opposed the bail application.

The court refused the request of ED to postpone the process of filing of bail bond for 48 hours. ED requested the postponement so that they could avail their legal remedy to challenge the order at the High Court. The court has also said that the bail order has not been stayed.

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

New Delhi:

Delhi Chief Minister Arvind Kejriwal – on interim bail following his arrest in the alleged liquor policy scam – began his battle for regular bail Thursday afternoon in the city’s Rouse Avenue Court.

He has filed two pleas – for normal bail, and to extend the Supreme Court-ordered interim bail by a week, citing a battery of pending medical tests over potential “health complications” from his diabetes.

In the brief hearing that followed the Enforcement Directorate opposed both pleas. The federal agency sought at least two days to respond and took a swipe at the bail plea on health grounds.

The ED pointed out Mr Kejriwal – whom party sources told NDTV has led 67 rallies or roadshows and given 30 interviews since his release on interim bail – seemed to be in fine condition. The agency also seemed irked by the AAP leader filing his pleas a little over 48 hours before the bail period expires.

“He is not in custody… he is, today, in Punjab campaigning. His health does not hinder him from campaigning… and he moves bail on the last date so we get very little time (to argue),” the ED said.

“His conduct doesn’t entitle him for any orders today,” Additional Solicitor-General SV Raju, appearing for the central agency, told the court, which gave the ED time till 2 pm Saturday to respond.

The Rouse Avenue Court is also due to rule (on June 4, on counting day) on a point of cognisance on the ED’s supplementary chargesheet, which is linked to an associated money laundering case.

READ | Ready To Go To Jail 100 Times To Save Country: Arvind Kejriwal

Mr Kejriwal has been singularly active since his release from jail, leading his party’s charge (and contributing to that of the Congress-led INDIA bloc) ahead of polling in Delhi and Punjab. 

READ | “Give All 13 Seats To AAP”: Kejriwal’s Appeal To Punjab Voters

These are the states where the AAP is in power and send a combined 20 MPs to the Lok Sabha, but the curious case of the alliance with the Congress remains a point of interest. The parties are contesting together in Delhi but as rivals in Punjab, where state leaders have taken regular potshots at each other.

Meanwhile, Mr Kejriwal’s regular release plea today is key since it is the first time he has actively applied for bail. His interim release this month was ordered by the Supreme Court as it was hearing his challenge to the ED’s arrest. The court recognised him as an elected leader and not a habitual offender.

READ | Kejriwal Gets Big Supreme Court Relief. Interim Bail Till June 1

Mr Kejriwal’s interim bail expires June 1, or on completion of polling for the final phase of the Lok Sabha election. He is to report to Delhi’s Tihar Jail authorities 24 hours after that, i.e., June 2. On Tuesday he asked the top court to extend his freedom by seven days so he could finish the tests.

However, the court refused an urgent hearing and also seemed put out by the timing.

It was pointed out the plea could have been filed last week, when Justice Datta – part of the bench that granted interim bail – was hearing cases. “Why did you not mention this (then)…?” the court asked.

Mr Kejriwal was, though, given leave to move the lower court at this time, which he did this afternoon.

In earlier arguments Mr Kejriwal had underlined the row between himself and jail authorities over the supply of insulin. His AAP had claimed he was deliberately deprived of the “life-saving” drug.

READ | “Asking For Insulin Daily”: Kejriwal’s Letter To Jail Officials

That row also reached the courts after Arvind Kejriwal criticised Tihar jail and ED officials for being “petty” and “politicising” his well-being. The probe agency responded by claiming the Chief Minister had deliberately consumed foods high in sugar – like mangoes and toffees, in alleged violation of a prescribed diet chart – to place his health at risk and establish grounds for medical bail.

READ | Kejriwal Claims Tihar Officials’ “Negligence” Took Toll On Health

“My health condition is due partly to the insensitive behaviour of the prison authorities. One more week of bail will allow me to take stock of (possible) health complications,” he had argued.

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