Delhi HC allows ED's plea, stays trial court's order of bail to Arvind Kejriwal

The court observed that the trial court had not "adequately applied its mind or considered the material presented."
Delhi Chief Minister Arvind Kejriwal.
Delhi Chief Minister Arvind Kejriwal.Photo | PTI

NEW DELHI: The Delhi High Court on Tuesday stayed the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal in the excise policy case.

A Vacation bench of Justice Sudhir Kumar Jain, while pronouncing the judgement, said that the trial court did not apply its mind to the material submitted by the ED and did not give adequate opportunity to the ED to argue its case.

The HC passed the order after hearing extensively the arguments of ED which had challenged the trial court granting bail to Kejriwal.

While deliberating upon the arguments of the ASG (Additional Solicitor General) S V Raju, the HC pointed out the trial court order where the judge talks about mala fide by the ED. "But this court is of the opinion that a coordinate bench of this court has said there was no mala fide on the part of the ED."

The trial court had on June 20 granted bail to Kejriwal and ordered his release subject to bail bond of Rs 1 lakh.

The ED had immediately moved the Delhi High Court and secured an urgent hearing in the matter.

Justice Jain of High Court had then heard the matter on June 21 and ordered an interim stay on Kejriwal's bail while reserving its final order in the matter, Bar and Bench reported.

The final order came to be passed today.

Meanwhile, the interim stay by High Court was challenged by Delhi Chief Minister before the Supreme Court on Monday which termed such a stay order "unusual".

However, the apex court said it will wait for the final order by the High Court and posted the matter for hearing on June 26.

Kejriwal was arrested by the ED on March 21 on allegations that he was part of a conspiracy to intentionally leave loopholes in the now-scrapped Delhi Excise Policy for 2021-22, to benefit certain liquor sellers.

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