New Delhi:

The Aam Aadmi Party (AAP) will today challenge the Delhi High Court’s stay on the bail granted to Arvind Kejriwal in the Supreme Court. This decision comes after the trial court had previously granted bail to Mr Kejriwal on June 20 in connection with the alleged Delhi excise policy scam, only for the High Court to stay the bail order on Tuesday.

The trial court, in its June 20 decision, had ordered Mr Kejriwal’s release on a personal bond of Rs 1 lakh. However, a vacation bench of Justice Sudhir Kumar Jain of the Delhi High Court stayed the trial court’s order, criticising it for not adequately considering the material presented by the Enforcement Directorate (ED) and for not allowing the sufficient opportunity for the agency to argue its case.

High Court’s Criticism

Justice Jain remarked that the trial court had failed to properly evaluate the evidence against Mr Kejriwal presented by the ED. “We disagree with the Delhi High Court order. We will challenge it in the Supreme Court,” AAP said in a statement. 

Delhi Cabinet Minister Saurabh Bharadwaj, when asked about the High Court’s decision at a press conference, expressed skepticism and indicated that AAP’s legal team would strategise the next steps. “A High Court bench stayed the order of the lower court without even the order getting uploaded. I did not have any hope from the High Court. I think the High Court bench was prejudiced. We will approach the higher court,” Mr Bharadwaj said.

The Delhi excise policy, which was scrapped in 2022, has been under scrutiny following allegations of irregularities and corruption in its formulation and execution. Both the CBI and ED allege that undue favours were extended to license holders and that there were significant irregularities in the policy’s implementation.

AAP’s Response

Mr Kejriwal was questioned by the CBI in Tihar Jail on Monday and Tuesday, each session lasting over an hour.

AAP leader Sanjay Singh accused the BJP of conspiring with CBI officers to allegedly frame Mr Kejriwal in a “fake case.” In a video message, Mr Singh alleged that the BJP-led Centre was attempting to manipulate the legal process to target Mr Kejriwal.

“We have learnt from reliable sources that the BJP-led Centre has hatched a conspiracy with CBI officers at a time when there is a huge possibility of Kejriwal getting bail from the Supreme Court. They have planned to frame him in a fake case by the CBI and get him arrested. The entire country is watching the atrocities of the BJP. How will one get justice in such circumstances? People will stand up against this,” Mr Singh said.

New Delhi:

Delhi Chief Minister Arvind Kejriwal was questioned by the Central Bureau of Investigation twice this week in the alleged liquor policy case. Mr Kejriwal was questioned on Monday by the central probe agency and then again on Tuesday in the Tihar jail for more than an hour.

The Aam Aadmi Party chief is currently in jail in connection with an Enforcement Directorate’s money laundering case arising from the alleged liquor policy case. The Delhi liquor policy 2021-22 was scrapped after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.

The questioning of Mr Kejriwal comes just a day ahead of a Supreme Court hearing of the AAP petition against the Delhi High Court order staying the bail granted to the Chief Minister by a trial court.

The trial court had granted bail to Mr Kejriwal on June 20 and ordered his release on a personal bond of Rs 1 lakh. The high court stayed the trial court order on Tuesday, saying the Delhi’s Rouse Avenue Court – “didn’t apply its mind” when granting bail and pointed to what it said were lapses in judgement.

The AAP, meanwhile, alleged a conspiracy involving CBI officers to frame Mr Kejriwal in a “fake case” and get him arrested. The CBI has rejected the accusations.

The Enforcement Directorate or ED had arrested Mr Kejriwal on March 21, shortly after the Delhi High Court refused to grant him protection from arrest on his petition challenging summonses issued to him.

On May 10, the Supreme Court granted interim bail to Mr Kejriwal till June 1 to campaign in Lok Sabha elections, saying he will have to surrender and go back to jail on June 2. He has been in jail ever since.

The ED and the CBI have alleged the Delhi government’s liquor policy for 2021-22 allowed cartelisation and favoured certain dealers who paid bribes for licenses. The AAP has strongly denied the charge.

New Delhi:

In a setback for Arvind Kejriwal, Delhi High Court paused his release order in a corruption case related to the Delhi Liquor Policy until Enforcement Directorate’s petition is heard. The ED today challenged Mr Kejriwal’s bail in the case, just hours before his release from Tihar jail.

The ED mentioned its petition challenging the trial court order for an urgent hearing before a bench of Justices Sudhir Kumar Jain and Ravinder Dudeja, which said the case file will come to it in 10-15 minutes and after that it will hear the matter.

The high court said till then the trial court order shall not be acted upon.

Mr Kejriwal’s wife, Sunita Kejriwal, and Aam Aadmi Party leaders had planned to visit Tihar Jail at 4 pm today to greet the Delhi Chief Minister.

Yesterday, a Delhi court ordered Mr Kejriwal’s release on a personal bond of Rs 1 lakh but imposed certain conditions before granting him the relief, including that he would not try to hamper the investigation or influence the witnesses. The court had accepted Mr Kejriwal’s argument that the probe agency hasn’t presented enough evidence since arresting the Delhi Chief Minister on March 21.

The bail came after multiple rounds in trial courts where Arvind Kejriwal has been repeatedly denied bail. He hasn’t stepped down as Delhi Chief Minister despite calls from the ruling Bharatiya Janata Party for his resignation.

In May, the Supreme Court had issued interim bail to Mr Kejriwal for election campaigning. He returned to prison two days before the results were declared.

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 the money Mr Kejriwal got from the liquor sellers was used to fund the party’s campaign in Goa since he is the convenor of the AAP.

New Delhi:

The Supreme Court is likely to give its verdict today on interim bail to Delhi Chief Minister Arvind Kejriwal, who was arrested on March 21 by the Enforcement Directorate (ED) in a money laundering case linked to the alleged liquor policy scam and is seeking a release from jail to campaign for the ongoing Lok Sabha elections.

A bench, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved its verdict on interim bail to Mr Kejriwal on May 7.

Mr Kejriwal, who is also the national convenor of the Aam Aadmi Party (AAP), is currently lodged in Tihar jail under judicial custody.

The bench has divided the hearing on Mr Kejriwal’s petition against his arrest into two parts. While his main petition challenges his arrest by the central probe agency and seeks it to be declared as “illegal”, the second aspect pertains to the grant of interim bail keeping in mind the ongoing Lok Sabha elections.

The Delhi High Court had on April 9 upheld the AAP chief’s arrest, saying there was no illegality and that the probe agency was left with “little option” after he skipped repeated summonses and refused to join the investigation related to alleged irregularities in the now-scrapped Delhi excise policy 2021-22.

Earlier on Tuesday, a Delhi court extended Mr Kejriwal’s judicial custody in the money laundering case till May 20.

ED Opposes Arvind Kejriwal’s Bail 

The ED on Thursday filed an affidavit in the Supreme Court opposing Arvind Kejriwal’s petition and said that laws are equal for all and that campaigning for the Lok Sabha polls is not a fundamental, constitutional, or even a legal right.

The probe agency said that no political leader has ever been granted bail for campaigning and said that letting Mr Kejriwal out of jail to canvas for AAP candidates would set a wrong precedent.

In its affidavit, the ED pointed out that, while hearing the bail plea of former Delhi deputy chief minister Manish Sisodia — a co-accused in the same case — the court had said that the laws apply equally to all citizens and institutions, including the State.

Stating that Mr Kejriwal had sought interim bail primarily for campaigning in the Lok Sabha elections, the agency submitted, “It is relevant to note that the right to campaign is neither a fundamental right nor a constitutional right and not even a legal right.”

The agency also argued that 123 elections have taken place in the past five years and if interim bail is granted to Mr Kejriwal for campaigning, then no politician can be kept in judicial custody since polls take place around the year.

The ED repeated an argument it had made during the last hearing and said that campaigning is part of a politician’s job and, following the rule of equality, small farmers or small traders can also seek interim bail to carry out the demands of their work. It also stressed that Mr Kejriwal is not even contesting the ongoing elections.

The agency stated that granting bail to the Delhi Chief Minister would set a precedent that would permit “all unscrupulous politicians” to commit crimes and then evade investigation citing campaigning for one election or the other.

Supreme Court’s Last Hearing On Arvind Kejriwal’s Bail

In the last hearing, the Supreme Court had said it was not going by whether the petitioner is a politician or not. The focus, the bench headed by Justice Sanjiv Khanna said, was on whether there was an exceptional circumstance which necessitated interim bail.

The Supreme Court also said that Arvind Kejriwal is the elected chief minister of Delhi and is not a habitual offender.

“There are elections… these are extraordinary circumstances and he is not a habitual offender,” the bench had said.

The bench also asked the ED why it took them two years to act against the chief minister and his party.

“The issue is that it has taken two years for this. It is not good for any investigating agency to say that it takes two years to unearth… now when will the trial start,” it asked.

All seven seats in Delhi will vote in the sixth phase of the seven-phased Lok Sabha elections on May 25.

New Delhi:

The Supreme Court will deliberate today on whether to grant interim bail to Delhi Chief Minister Arvind Kejriwal, who has been under arrest since March 21 and is currently confined in Tihar jail under judicial custody, in connection with a money laundering case linked to the scrapped Delhi excise policy. 

A bench comprising Justices Sanjiv Khanna and Dipankar Datta will begin proceedings by considering the plea of the Aam Aadmi Party (AAP) leader.  The Supreme Court on May 3, hinted at the possibility of granting interim bail to Mr Kejriwal in light of the ongoing Lok Sabha elections. Acknowledging the potentially time-consuming nature of the legal proceedings, the court expressed its willingness to hear arguments from the Enforcement Directorate (ED) regarding interim relief to the AAP chief before elections in Delhi that are scheduled for May 25.

During the previous hearing, Additional Solicitor General SV Raju, representing the ED, expressed opposition to Mr Kejriwal’s bail, citing statements made by AAP leader Sanjay Singh following his release on bail in a related case. 

“We are not commenting on it either way. We are just saying we will hear on interim bail and not saying we will grant interim bail. We may or may not grant interim bail,” the Supreme Court had said.

The bench also raised questions regarding Mr Kejriwal’s official duties, particularly in relation to signing official documents, given his current legal predicament. 

Additionally, fresh controversy erupted after Delhi Lieutenant Governor VK Saxena recommended a National Investigation Agency (NIA) probe against Mr Kejriwal, alleging political funding from the banned group ‘Sikhs for Justice.’

In response, AAP leaders denounced the LG’s recommendation as yet another political ploy orchestrated by the Bharatiya Janata Party (BJP) to tarnish Mr Kejriwal’s image.