The Delhi High Court on Friday commenced hearing on the ED's plea challenging the trial court order granting bail to Chief Minister Arvind Kejriwal in the money laundering case linked to the alleged excise scam.
The Delhi High Court will continue hearing the matter after lunch. The matter to be heard at 2:15pm now.
Solicitor General S V Raju representing the Enforcement Directorate (ED), contended that the urgency with which the hearings were conducted deprived ED the proper opportunity of reading outduring arguments all material against the Kejriwal.” He argued that full opportunity has not been given to the ED to oppose Kejriwal’s bail.
Meanwhile, the Delhi High Court stated that there would be no time limit on arguments, ensuring equal rights for all parties.
Delhi Chief Minister Arvind Kejriwal's wife Sunita Kejriwal on Friday claimed that the ED challenged her husband's bail order even before it was uploaded on the trial court's website.
Speaking in south Delhi's Bhogal where Delhi Water Minister Atishi began an indefinite hunger strike to get more water from Haryana, Sunita Kejriwal said dictatorship in the country has crossed all limits and the Delhi CM was being treated as a "most wanted terrorist".
"Even before the bail order was uploaded, the ED went to the high court to get it stayed. Dictatorship has crossed all limits in the country. The high court order is yet to come. We hope that the court will do justice," she said.
With Inputs from PTI
As the hearing for Arvind Kejriwal's bail plea continues in Delhi High Court, Delhi Water Minister Atishi has begun her indefinite hunger strike in south Delhi's Bhogal to press on her demand for more water from Haryana.
Chief Minister Arvind Kejriwal's wife Sunita Kejriwal, along with AAP MP Sanjay Singh and Delhi Minister Saurabh Bharadwaj, were present as Atishi began her fast.
The Delhi High Court has taken up the matter after the lunch break. Solicitor General S V Raju refers to trial court order.
Solicitor General S V Raju continues making submissions to court. He reads out each para of the trial court order and tries to show how findings are 'perverse'
Solicitor General S V Raju contended that Trial court order is one sided & perverse and argued that ED has all the statement to show that Kejriwal demanded Rs 100 crore. 'Direct evidence is in the form of statement. Yet the judge says no direct evidence,' the law officer argues.
Solicitor General S V Raju argues that there is not finding that Kejriwal is not guilty. He said that trial court relied on Satendra Antil order. 'This case can't be relied on this case,' the law officer says.
Solicitor General S V Raju argued that holding a constitutional chair cannot be a ground for bail. He further argues that in that case ever minister will be granted bail and says that There cannot be anything more perverse than this.
The Additional Solicitor General S V Raju, appearing for the ED, that Kejriwal is guilty of the offence of money laundering. ASG Raju argued that Kejriwal demanded ₹100 crore as bribe in his “individual capacity”. "His role shows generation of proceeds of crime," he says.
"He is vicariously liable because AAP is guilty of offence of money laundering. Why? Because AAP used the money generated from proceeds of crime and used it in election campaign for their candidates and their events," the law officer says.
(With inputs from Live law)
ED counsel S V Raju said the trial court’s order is silent with regard to EDs contention that Kejriwal is vicariously liable for the money laundering offence committed by Aam Aadmi Party.
ED counsel S V Raju contended that all the points that he made in his argument were not considered and dealt with by the trial court. "Totally not dealt with," ASG Raju argues.
A M Singhvi, appearing for Delhi CM, accused ASG Raju of trying to malign the trial court judge. "This is deplorable, sad. it should never have come from a govt authority," he says.
He further contended that there is "complete partisanship in every argument, every submission" of ED.
A M Singhvi argued that Supreme Court while reserving verdict in Kejriwal’s plea challenging his arrest and remand had "expressly" stated that Kejriwal can approach trial court for bail. “My question is if J Sharma's judgement was final as suggested by ED why this express liberty given by SC? Number two, if the illegal arrest proceedings can be mixed up with bail as the ED is doing then why did the SC make a distinction between go to bail and we are reserving order on illegal arrest?", Singhvi says.
A M Singhvi argued that ED like “Alice in Wonderland” has its own meaning of perversity. "Every time it is said the trial court did not note that argument or considered it. The trial court does not need to write a essay. There is no perversity. I may write differently, you may write differently, this is not perversity. I may even write wrongly but that is not perversity," he says.
Singhvi adds that there is an attempt by ED to circumvent the law by their own meaning of perversity.
(With Inputs from Bar and Bench)
"Liberty of individual is very very low if at all it exists in the mind of ED. This is inverting the law & turning the law in its head," says A M Singhvi
Arguing for Arvind Kejriwal, Senior lawyer A M Singhvi said that the ED is taking advantage of “typographical errors” in the trial court order.
Senior advocate Vikram Chaudhari argued that ED has failed to clarify as to how much time it will require to trace the money trail and trial court has already observed in it. He adds that the trial court order is not worth staying.
Referring to trial court order, Chaudhari said, "This order is most well formulated and in all spheres it qualifies the test of justice and legality."
The Delhi High Court on Friday directed an interim stay on the trial court order granting bail to Aam Aadmi Party (AAP) leader Arvind Kejriwal in the money laundering case connected to the now scrapped Delhi excise policy.
Speaking to media, BJP MP Manoj Tiwari said, "...The fight against corruption will continue. I have full faith in the court and the investigation agencies... AAP should learn to respect the court's decision... Bail is not a relaxation..."
AAP leader Sanjay Singh on Friday accused Prime Minister Narendra Modi of making a mockery of the justice system after the Delhi High Court put on hold a trial court order granting bail to Chief Minister Arvind Kejriwal in the money laundering case linked to the alleged excise scam.