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:

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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