ED challenges order granting bail to Kejriwal, says not adequately heard

The Enforcement Directorate (ED) has challenged the order of Rouse Avenue court on granting bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case related to the Delhi Excise policy.

ED has challenged the order dated June 20, 2024, passed by Special Judge (Vacation Judge), Rouse Avenue District Courts that granted bail to Kejriwal.

The trial court said in the bail order that ED has failed to give any direct evidence against the applicant (Kejriwal) in respect of the proceeds of crime.

The matter was mentioned before the vacation division bench today seeking an urgent hearing.

ASG S V Raju and Special counsel Zoheb Hossain appeared for ED and the matter is listed before the bench of Justice Sudhir Kumar Jain.

ED in its petition has said that the June 20 order granting regular bail to Kejriwal was passed without granting adequate opportunity of hearing to the ED and without considering that in light of the facts of the present case where all courts up to Supreme Court have given judicial imprimatur to the fact that the offence of money laundering has been committed and hence regular bail in light of the mandatory twin conditions under Section 45 of the PMLA could not have been granted.

It is also stated that Special Judge (Vacation Judge), contrary to the well settled legal position, refused to stay the impugned order for a short period to enable the ED to exercise its right to challenge the said order before the High Court and further copy of the impugned order was also not provided.

ED has also that in light of the above, the applicant is praying for urgent relief and if the present application is not listed, irreparable injury will be caused.

Vacation judge Nyay Bindu on Thursday granted bail to Arvind Kejriwal on furnishing bail bond of Rs one lakh. The court had refused the request of ED to postpone the process of filing a bail bond for 48 hours.

Kejriwal was arrested by the ED on March 21 in connection with a money laundering case relating to alleged irregularities in the now-cancelled Delhi excise policy 2021-22.

The Delhi Chief Minister was granted interim bail by the Supreme Court on May 10 in view of Lok Sabha polls and was told to surrender on June 2. He was asked not visit the Office of the Chief Minister and the Delhi Secretariat.

The Delhi High Court had earlier dismissed his plea for release from jail and rejected his argument of political vendetta amid the Lok Sabha elections.

While granting bail, the judge pointed out that ED has been silent on certain issues such as Kejriwal was not named in the CBI FIR or ECIR.

The Court also said that the allegations against the applicant surfaced after subsequent statement by the some co-accused. Thirdly, It is a fact that the Kejriwal has not been summoned by the court, yet he is lying in the judicial custody, the court said. The court said that the ED has not shown anything that Vijay Nair was acting on the instructions of Kejriwal.

If further said that ED has failed to established that even if Vinod Chauhan has closed relation with Chanpreet Singh and even if kejriwal was acquainted with the both, ED has failed to establish how it is going to help it prove the guilt of Kejriwal.

ED has also failed to clarify that how it reached the conclusion that the sum of Rs one crore recovered from the residence of Vinod Chauhan was part of proceeds of crime, the court said.

It further said that the ED did not clarifying how the alleged amount of Rs 40 crores being traced out during investigation forms a part of proceeds of crime. The court has also said the ED is harping upon some facts that Vijay Nair was living in the house of Kailash Gehlaut and has close relations with Arvind Kejriwal.

Secondly the stay of applicant at Seven Star Hotel at Goa sponsord by the co-accused Chanpreet Singh which shows the proximity between the two. Thirdly, a sum of Rs one crore has been attached from the residence of co-accused Vinod Chauhan who is associated with Kejriwal.

ED has urged the Delhi HC to stay trial court order granting bail to Kejriwal in liquor policy case. While mentioning the matter the ASG SV Raju for ED told Delhi HC that the trial court order has not yet been uploaded and conditions unknown.

ASG Raju informed Delhi HC that the probe agency have not been given full opportunity to oppose the bail application of Kejriwal and urged HC that let the order be stayed and the matter be heard as early as possible.

Delhi HC said that the order will not be given effect till the matter is taken up.