New Delhi [India], Delhi Chief Minister Arvind Kejriwal has to remain in jail for a few more days as the Delhi High Court on Friday stayed the trial court's order granting bail to Kejriwal in the case of alcoholic beverage policy.
The vacation court of Justice Sudhir Kumar Jain said the sentence will be pronounced in two to three days.
"Till the pronouncement, the execution of the impugned order shall remain stayed," the court said while provisionally staying the trial court's decision granting bail to Kejriwal. Meanwhile, Delhi HC issued notice to Kejriwal on the plea of ED challenging the trial court's order granting bail to Kejriwal.
The HC was hearing the Enforcement Directorate's plea challenging the trial court's decision granting bail to Kejriwal. Yesterday afternoon, the Rouse Avenue court granted bail to Kejriwal. Today morning, the ED moved the HC seeking a stay on the order.
Challenging the Rouse Avenue court order, Additional Solicitor General SV Raju said the trial court's order is perverse. ASG SV Raju, appearing before the Enforcement Directorate, says adequate opportunity has not been given to probe the agency for arguments before the trial court. ASG Raju in Delhi HC raised several questions on the court's order trial court and said that the trial court made a wrong statement that ED did not point out direct evidence against Kejriwal.
ASG Raju informed Delhi HC that the investigation agency has proven that there was a role in the Rs 100 crore demand, but the trial court judge says there is no direct evidence. ASG Raju says direct evidence is presented in the form of statement.
ASG Raju said that it would show how perverse and unbalanced the trial court's order is.ASG SV Raju said that there should be a conclusion in the order that he is not guilty, but this conclusion is not in the trial court's order and , therefore, cannot be a better case for cancellation of bail.
ASG Raju questioned whether holding a constitutional presidency is a reason for bail
ASG Raju says that means any minister should be granted bail and therefore you are a CM so you will be granted bail....Unheard of!ASG Raju said that There can be nothing more perverse than this.
ASG SV Raju explained to Delhi HC that the probe agency's case is that Kejriwal is guilty of money laundering on two counts - one as individual ability to demand Rs 100 crore and the other as vicariously liable because AAP is guilty of crime of money laundering.
ASG Raju said that the Aam Aadmi Party used this money in the election campaign of AAP candidates and events. AAP is also guilty and we have charged them, said ASG Raju.ASG Raju submitted before Delhi HC that any person responsible for the business and affairs of AAP will be guilty of the offense of money laundering.
ASG S V Raju said it is a suitable case to stay. It is not necessary for an accused in the PMLA case to appear charged with a scheduled offence, ASG said.
Senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, said ED's approach is deplorable and ED is still treating the high court order as the last word. He said if the High Court order was final as suggested by the ED, why did the Supreme Court give liberty to approach the trial court for bail? And the Supreme Court reserved its order on the legality of the arrest, Singhvi said. He said the law is very clear on grant of bail and cancellation/reversal of bail is different. Kejriwal's senior lawyer Vikram Chaudhari informed Delhi HC that the trial court's order, granting bail bail to Kejriwal, is very well formulated and qualifies for the test of justice and legality.
Kejriwal's senior advocate Chaudhari argued before Delhi HC that Kejriwal after the expiry of interim bail granted by the Supreme Court, Kejriwal surrendered and then tried to get an extension which did not happen. He said the current court is not dealing with a terrorist and highlighted that Kejriwal never violated any condition when he was away. Will the earth shake if the Delhi Chief Minister comes out, he said?
ED has appealed to set aside the order dated June 20, 20024 passed by the Special Judge (Vacation Judge) of Rouse Avenue District Courts granting bail to Kejriwal. The trial court said in the bail order that ED has not produced any direct evidence against the petitioner (Kejriwal) regarding proceeds of crime. The ED in its petition has said that the June 20 order granting regular bail to Kejriwal was approved without granting adequate opportunity to hear the ED and without considering that in the light of the facts of the present case, in which all courts up to the Supreme Court have given judicial clearance to the fact that the offense of money laundering has been committed and therefore regular bail could not have been granted in the light of the twin conditions mandatory under Section 45 of the PMLA.
It is also submitted that the 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 It is also submitted that provided another copy of the impugned order.
The ED also states that in the light of the above, the applicant is seeking urgent relief and if the present application is not listed, irreparable harm will be caused.Reid Judge Nyay Bindu on Thursday granted bail to Arvind Kejriwal on bail of one lakh rupees. The court had rejected ED's request to postpone the process of filing bail for 48 hours.
Kejriwal was arrested by the ED on March 21 in connection with a money laundering case related to alleged irregularities in the now-canceled Delhi Excise Policy 2021-22.
The Supreme Court granted the Delhi Chief Minister interim bail on May 10, taking into account the Lok Sabha polls, and ordered him to surrender on June 2. He was asked not to visit the Chief Minister's Office or the Delhi Secretariat.
The vacation court of Justice Sudhir Kumar Jain said the sentence will be pronounced in two to three days.
"Till the pronouncement, the execution of the impugned order shall remain stayed," the court said while provisionally staying the trial court's decision granting bail to Kejriwal. Meanwhile, Delhi HC issued notice to Kejriwal on the plea of ED challenging the trial court's order granting bail to Kejriwal.
The HC was hearing the Enforcement Directorate's plea challenging the trial court's decision granting bail to Kejriwal. Yesterday afternoon, the Rouse Avenue court granted bail to Kejriwal. Today morning, the ED moved the HC seeking a stay on the order.
Challenging the Rouse Avenue court order, Additional Solicitor General SV Raju said the trial court's order is perverse. ASG SV Raju, appearing before the Enforcement Directorate, says adequate opportunity has not been given to probe the agency for arguments before the trial court. ASG Raju in Delhi HC raised several questions on the court's order trial court and said that the trial court made a wrong statement that ED did not point out direct evidence against Kejriwal.
ASG Raju informed Delhi HC that the investigation agency has proven that there was a role in the Rs 100 crore demand, but the trial court judge says there is no direct evidence. ASG Raju says direct evidence is presented in the form of statement.
ASG Raju said that it would show how perverse and unbalanced the trial court's order is.ASG SV Raju said that there should be a conclusion in the order that he is not guilty, but this conclusion is not in the trial court's order and , therefore, cannot be a better case for cancellation of bail.
ASG Raju questioned whether holding a constitutional presidency is a reason for bail
ASG Raju says that means any minister should be granted bail and therefore you are a CM so you will be granted bail....Unheard of!ASG Raju said that There can be nothing more perverse than this.
ASG SV Raju explained to Delhi HC that the probe agency's case is that Kejriwal is guilty of money laundering on two counts - one as individual ability to demand Rs 100 crore and the other as vicariously liable because AAP is guilty of crime of money laundering.
ASG Raju said that the Aam Aadmi Party used this money in the election campaign of AAP candidates and events. AAP is also guilty and we have charged them, said ASG Raju.ASG Raju submitted before Delhi HC that any person responsible for the business and affairs of AAP will be guilty of the offense of money laundering.
ASG S V Raju said it is a suitable case to stay. It is not necessary for an accused in the PMLA case to appear charged with a scheduled offence, ASG said.
Senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, said ED's approach is deplorable and ED is still treating the high court order as the last word. He said if the High Court order was final as suggested by the ED, why did the Supreme Court give liberty to approach the trial court for bail? And the Supreme Court reserved its order on the legality of the arrest, Singhvi said. He said the law is very clear on grant of bail and cancellation/reversal of bail is different. Kejriwal's senior lawyer Vikram Chaudhari informed Delhi HC that the trial court's order, granting bail bail to Kejriwal, is very well formulated and qualifies for the test of justice and legality.
Kejriwal's senior advocate Chaudhari argued before Delhi HC that Kejriwal after the expiry of interim bail granted by the Supreme Court, Kejriwal surrendered and then tried to get an extension which did not happen. He said the current court is not dealing with a terrorist and highlighted that Kejriwal never violated any condition when he was away. Will the earth shake if the Delhi Chief Minister comes out, he said?
ED has appealed to set aside the order dated June 20, 20024 passed by the Special Judge (Vacation Judge) of Rouse Avenue District Courts granting bail to Kejriwal. The trial court said in the bail order that ED has not produced any direct evidence against the petitioner (Kejriwal) regarding proceeds of crime. The ED in its petition has said that the June 20 order granting regular bail to Kejriwal was approved without granting adequate opportunity to hear the ED and without considering that in the light of the facts of the present case, in which all courts up to the Supreme Court have given judicial clearance to the fact that the offense of money laundering has been committed and therefore regular bail could not have been granted in the light of the twin conditions mandatory under Section 45 of the PMLA.
It is also submitted that the 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 It is also submitted that provided another copy of the impugned order.
The ED also states that in the light of the above, the applicant is seeking urgent relief and if the present application is not listed, irreparable harm will be caused.Reid Judge Nyay Bindu on Thursday granted bail to Arvind Kejriwal on bail of one lakh rupees. The court had rejected ED's request to postpone the process of filing bail for 48 hours.
Kejriwal was arrested by the ED on March 21 in connection with a money laundering case related to alleged irregularities in the now-canceled Delhi Excise Policy 2021-22.
The Supreme Court granted the Delhi Chief Minister interim bail on May 10, taking into account the Lok Sabha polls, and ordered him to surrender on June 2. He was asked not to visit the Chief Minister's Office or the Delhi Secretariat.