Delhi HC Stays Trial Court Order Granting Bail to Delhi Chief Minister Arvind Kejriwal | LIVE

The Delhi High Court on Friday granted interim stay on the trial court's order giving bail to Chief Minister Arvind Kejriwal in the money laundering case linked to the alleged excise scam.

The high court also issued notice to Kejriwal seeking his response on ED's plea challenging the trial court's June 20 order by which he was granted bail.

"Till the pronouncement of this order, the operation of the impugned order shall remain stayed," a vacation bench of Justice Sudhir Kumar Jain said.

The court said it was reserving the order for 2-3 days as it wanted to go through the entire records.

Earlier in the day, the division bench said the trial court order shall not be given effect to till the high court hears the matter. 

Embattled Chief Minister Arvind Kejriwal will have to remain in jail for now with the Delhi High Court on Friday putting an interim stay on a trial court's order granting him bail in the money laundering case linked to the alleged excise scam.

The AAP national convenor, who was arrested on March 21 by the Enforcement Directorate (ED), could have walked out of Tihar jail on Friday had the high court not granted the interim relief to the central anti-money laundering agency.

"Till the pronouncement of this order, the operation of the impugned order shall remain stayed," a vacation bench of Justice Sudhir Kumar Jain said and asked the parties to file written submissions by June 24.

The high court said it was reserving the order for 2-3 days as it wanted to go through the entire records.

It also issued notice to Kejriwal seeking his response on ED's plea challenging the trial court's June 20 order by which he was granted bail. It listed the plea for hearing on July 10.

 Delhi Chief Minister Arvind Kejriwal's wife Sunita Kejriwal on Friday lashed out at the Enforcement Directorate for challenging her husband's bail order in the high court, accusing it of acting as if the AAP national convener was the "most wanted terrorist in India".

The Aam Aadmi Party (AAP) cited the Rouse Avenue court order granting bail to Kejriwal, saying it had demolished the case of the ED and demanded that the BJP should apologise to the party and Kejriwal.

The central probe agency failed to furnish direct evidence linking Kejriwal to the proceeds of crime in the money laundering case against him, a Delhi court has said while ordering his release on bail on Thursday.

On the ED's plea, the Delhi High Court granted interim stay on the trial court's order giving bail to the chief minister. The high court also issued a notice to Kejriwal seeking his response on ED's plea challenging the trial court's June 20 order by which he was granted bail.

Speaking in south Delhi's Bhogal, where Delhi Water Minister Atishi began an indefinite hunger strike to press on her demand for getting more water from Haryana, Sunita Kejriwal, in an apparent attack on the BJP, alleged that dictatorship in the country has crossed all limits.

"It was only yesterday your chief minister got bail. In the morning, the order was supposed to be uploaded (on court's website). Even before the order was uploaded, the ED approached the Delhi High Court. This happened as if Kejriwal is the most wanted terrorist in India," Sunita Kejriwal said.

"Dictatorship in the country is crossing such limits that the ED violates someone's personal liberty and even immediately goes to the high court to get a stay against the bail of an elected chief minister. The decision of the high court is yet to come. We hope that the high court will do justice," she added.

Meanwhile, the BJP hit back alleging absurd statements were being made by the AAP leaders. It said such rhetoric and excuses are old habits of the AAP.

"It would be better if the AAP leaders understand the judicial systems before hastily commenting on the judicial decisions. Generally, every investigative agency challenges the bail granted to the accused, and this is what is happening in Arvind Kejriwal's case," Delhi BJP president Virendra Sachdeva said.

The AAP cited the trial court to attack the ED and also questioned the fact that the high court had stayed Kejriwal's bail in the morning even before the trial court order was uploaded.

Delhi minister Saurabh Bharadwaj, at a press conference, asserted that the entire case of the ED has been demolished by the trial court order.

"Now, the ED's case does not have anything. The trial court has demolished the theatrics of the two-year-long investigation and the fortress built on the basis of it. One would remember that a lower court judge Gitanjali Goel had posed some tough questions to the ED in the Satyendar Jain case and the case was transferred to another judge.

"Similarly, the Centre's ED said such shameful things for the judge who gave the bail order," he charged.

The minister asserted that the trial court has accepted that there is "no case against Kejriwal".

"You can say that whole case was over. That's why in panic, the ED and the Centre's lawyer in panic approached the high court even before the order of the trial court was uploaded. How did the high court stay the bail order despite the order not being uploaded?" he questioned.

Bharadwaj claimed that Section 45 of the PMLA says bail can be granted to an accused in a money laundering case only if twin conditions are satisfied -- there should be prima facie satisfaction that the accused has not committed the offence and secondly, he is not likely to commit any offence during bail.

"The trial court had granted bail (on Thursday) since it was satisfied that chief minister had not committed any offence. The ED is working as if it's their own matter. It seems that they have an enmity with Kejriwal. Even the trial court has said ED is biased.

"This is unprecedented that even before the order was uploaded, the stay was granted. All this is being done so that Kejriwal does not come out of jail," he said.

Earlier on Friday, Bharadwaj's party colleague and Rajya Sabha MP Sanjay Singh accused Prime Minister Narendra Modi of making a mockery of the justice system.

At a press conference, Singh termed the trial court order was "historic" and it completely "exposed" the role of the BJP government and the ED operated by it.

The trial court clearly said that no evidence or money trail was presented by the ED in connection with alleged transactions related to Goa polls, claimed Singh.

In the order granting relief to Kejriwal on Thursday, Special Judge Niyay Bindu held that prima facie his (Kejriwal) guilt was yet to be established.

"It may be possible that some persons known to the applicant are having involvement in an offence... but ED has failed to give any direct evidence against the applicant in respect of the proceeds of crime," the judge said.

She also questioned the ED's silence on Kejriwal's assertion that he was arrested in the money laundering case related to the alleged excise scam without having been named in the CBI FIR or the ECIR registered by the anti-money laundering agency.

Enforcement Case Information Report (ECIR) is ED's version of an FIR.

It is strange police were restrained by a court from arresting former Karnataka chief minister B S Yediyurappa, while Delhi CM Arvind Kejriwal and former Jharkhand CM Hemant Soren -- both arrested in separate cases -- were being treated like any "Tom, Dick or Harry", Rajya Sabha MP Kapil Sibal said Friday.

Earlier this month, the Karnataka High Court restrained the police from arresting Yediyurappa in a Protection of Children from Sexual Offences (POCSO) case registered against him.

While passing the order, the court had reportedly said he is a former CM and not some Tom, Dick and Harry.

The Delhi high court Friday granted interim stay on the trial court's order giving bail to Chief Minister Arvind Kejriwal in the money laundering case linked to the alleged excise scam.

On Delhi High Court staying CM Arvind Kejriwal’s bail order, 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…”

Delhi HC says it will pronounce order on ED’s plea for stay on Arvind Kejriwal's bail within two-three days. 

Delhi Chief Minister Arvind Kejriwal's wife Sunita Kejriwal lashed out at the ED for challenging her husband's bail order in the high court, accusing it of acting as if the AAP national convener was the "most wanted terrorist in India".

Speaking in south Delhi's Bhogal where Delhi Water Minister Atishi began an indefinite hunger strike to press on her demand for getting more water from Haryana, Sunita Kejriwal said dictatorship in the country has crossed all limits.

"It was only yesterday your chief minister got bail. In the morning, the order was supposed to be uploaded. Even before the order was uploaded, the ED approached the Delhi High Court. This happened as if Kejriwal is the most wanted terrorist in India," Sunita Kejriwal said.

"Dictatorship in the country has crossed all limits. The ED does not want to give anyone liberty and has gone to the high court against the chief minister demanding a stay (on his bail). The high court's decision is yet to come. We hope the high court will deliver justice," she added.

Before reaching Bhogal, Sunita had also accompanied Atishi and other AAP leaders to Rajghat to pay homage to Mahatma Gandhi.

Delhi High Court stays trial court order granting bail to Delhi Chief Minister Arvind Kejriwal. Court says it will pass order on the ED's stay application in two-three days and till then the trial court order will remain stayed.

 

Senior Advocate Abhishek Manu Singhvi representing Delhi CM Arvind Kejriwal, on Friday, said the law is very clear on the grant of bail and cancellation/ reversal of bail is different. Singhvi added that the ground of tampering with evidence for cancellation/rejection of bail is not argued by the ED. 

Singhvi points that there is typo in the trial court order and the ED is taking advantage of a typo.

Senior Advocate Abhishek Manu Singhvi representing Delhi CM Arvind Kejriwal, opposed the stay on bail order and said the decision is a complete misunderstanding of the trial court.

He further said that stay in a case like this is equal to cancellation of bail.