File photo of Delhi Chief Minister Arvind Kejriwal
Credit: Reuters Photo
Bail order perverse, Arvind Kejriwal neck deep in money laundering: ED to HC
The Enforcement Directorate on Monday told the Delhi High Court that the trial court order granting bail to Chief Minister Arvind Kejriwal was based on "perverse" findings as it did not consider the material demonstrating his "neck deep involvement" in the offence of money laundering linked to the alleged excise scam.
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'Unusual' for HC to reserve verdict while granting interim stay on bail order: SC on Kejriwal case
The Supreme Court on Monday termed as "unusual" the Delhi High Court's decision of reserving the order while granting interim stay on the operation of the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to the alleged excise scam.
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Delhi HC to pass order on ED's plea for stay on Kejriwal's bail today
The Delhi High Court is set to pronounce its order on Tuesday on ED's plea for stay on the trial court's judgment which granted bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy scam case. A vacation bench of Justice Sudhir Kumar Jain would pronounce the order at 2:30 pm
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SC asks Delhi HC to decide former AAP minister Satyendar Kumar Jain's bail plea in ED case on July 9
Ahead of Arvind Kejriwal's hearing, the Supreme Court on Tuesday asked the Delhi High Court to decide former AAP minister Satyendar Kumar Jain's bail plea in the Delhi excise policy case filed by the Enforcement Directorate on July 9.
The Delhi High Court put an interim stay on Kejriwal's bail granted by the trial court on Thursday (June 20), after ED challenged the order the next day
Arvind Kejriwal could have walked out of Tihar jail on Friday, June 21, had the Delhi High Court not granted the interim stay relief to ED. It is to be noted that while granting bail to Kejriwal on June 20, Vacation Judge Niyay Bindu of Rouse Avenue Court had some scathing observations to make against the ED. The judge even inferred that the ED was acting with bias against Kejriwal.
Delhi High Court censures trial court for not paying heed to record
"The court has considered the arguments advanced by both parties. Additional Solicitor General (ASG) SV Raju referred to the observation of the trial court that the vacation judge did not consider the record. Such observation was totally unjustified and reflected that trial court not applied its mind to the record," said the court bench.
'Another important argument raised by ASG Raju was that the vacation judge did not give proper opportunity to ED to argue the application. The averments and allegations made in the main petition require due consideration of the court' — Delhi High Court
'Interim bail was granted for elections. Once the arrest and remand of Kejriwal was declared valid by coordinate bench, it can't be said that personal liberty of the applicant was curtailed in violation of law' — Delhi High Court
Delhi High Court further says that the vacation judge has not 'appreciated Satender Kumar Antil judgment of the SC in right perspective'
The high court also observed that the vacation judge did not discuss about the vicarious liability of Kejriwal under section 70 PMLA. It added that the mandatory conditions under PMLA has not been properly discussed in the trial court order.
Delhi High Court stays Arvind Kejriwal's bail, says trial court didn't properly appreciate ED case
The bench of Justice Sudhir Kumar Jain stays the Arvind Kejriwal bail order granted by the trial court on June 20. The bench had reserved the order on June 21 after the agency challenged the trial court's decision, which has been put on hold until the ruling. Meanwhile the Court has already fixed the main matter for July, where ED challenged the trial court order granting Arvind Kejriwal regular bail in the case.
The Delhi HC said, "This court has decided that the vacation judge did not appropriately appreciate the material on record and the averments of ED. Accordingly the application is allowed and the operation of the impugned order is stayed."
Supreme Court will hear Kejriwal's plea against the Delhi HC order staying his bail plea on June 26
We disagree with the Delhi HC's decision: AAP
AAP National Spokesperson Priyanka Kakkar says, "The alleged liquor scam is fake...No recovery has been made even from a single leader of AAP in this case...We disagree with the Delhi HC's decision...Our legal team is looking into the matter..."
Highlights of Delhi HC judgement that put a stay on Kejriwal's bail
- Vacation Judge Niyay Bindu passed the bail order without going through ED’s entire material which reflects “perversity” in it.
- The court found factual force in the arguments advanced by ED that the Vacation Judge did not pass the bail order after due consideration of entire material on record.
- Justice Sudhir Kumar Jain censured the trial court judge saying, “It is not understandable that on one hand, the Vacation Judge has expressed her inability to go through entire documents stated to have been running into thousands of pages at the time of passing the Impugned Order and on the other hand, how in para no. 36 the Vacation Judge has mentioned that relevant arguments and contentions raised on behalf of the parties are dealt with,” said.
- The court also said, “The observation made by the Vacation Judge in Impugned Order is uncalled for, unwarranted and out of context. The Vacation Judge should refrain from making such observations in the Impugned Order. The Vacation Judge was required to consider every important and relevant document at time of passing of Impugned Order."
- Court says that the issue regarding Kejriwal’s role for vicarious liability was taken by ED by mentioning that the same was specifically examined and established but said issue did not find any place in the Impugned Order.
- “The trial court should have at least recorded its satisfaction about fulfillment of twin conditions of section 45 of PMLA before passing the impugned order," said the court.
-“The observation made by the Vacation Judge in Impugned Order is uncalled for, unwarranted and out of context. The Vacation Judge should refrain from making such observations in the Impugned Order. The Vacation Judge was required to consider every important and relevant document at time of passing of Impugned Order,” the court said.
-The court further observed that the Vacation Judge did not consider the issues mentioned by ED in its written note which was submitted before the trial court.
- "Every court is under an obligation to give sufficient and appropriate opportunity to represent their respective case before the court. ED ought to have given adequate opportunity to advance arguments on bail application by the Vacation Judge," said the court.
It is very unusual that without reading the order of the trial court, Delhi High Court stayed the court order granting bail to Kejriwal...We will make a legal strategy regarding it..."AAP leader Saurabh Bharadwaj