The Delhi High Court on Friday reserved orders on the Enforcement Directorate’s plea seeking a stay on Rouse Venue Court’s order granting bail to Chief Minister Arvind Kejriwal. Kejriwal, who was all set to be released on Friday would now have to continue in Tihar prison.
After a day-long argument in the High Court challenging Kejriwal’s bail, the Court reserved orders on the stay application for two to three days. “Till pronouncement, the operation of the impugned order shall remain stayed,” Live Law reported. The Court issued notice to Kejriwal in the case.
The Delhi Rouse Venue Court granted bail for Kejriwal in the money laundering case registered in connection with alleged liquor policy scam on Thursday and the chief minister was all set to be released on Friday. ED approached the HC on Friday and demanded a stay on the order. ED said the order was perverse and all aspects were not considered while granting bail to the CM.
ED argued that the Delhi Court did not allow them time to argue the case and said the order was pronounced without considering evidence produced before the Court. “End-to-end money trail has been given. We have traced out Rs 45 crore. In our reply we have shown that money was used in Goa elections,” ED argued saying these factors were not considered while granting bail.
“Our case is that Kejriwal is guilty of money laundering offence in two capacities. One in individual capacity where he personally demanded Rs 100 crore and was part of the policy. His role shows generation of proceeds of crime. Second, he is vicariously liable because AAP is guilty of an offence of money laundering. AAP used these funds in the election campaign of AAP candidates and events,” ED argued.
In the bail order, Court observed, “This is also noticeable that ED is silent about the facts as to how the proceeds of crime have been utilized in Assembly Elections in Goa by AAP as, admittedly, after about two years, the bigger portion of the alleged amount remains to be traced out," the judge said.
Vacation judge Niyay Bindu in the bail order observed ED was biased. The judge said the allegations against Kejriwal surfaced during subsequent statements of certain co-accused. She said it is also an admitted fact that he has not been summoned by the court after his arrest and is "lying in judicial custody at the instance of ED on the pretext of the investigation being still on."
-with inputs from agencies.