The Delhi High Court halted Arvind Kejriwal's anticipated release on bail after an urgent petition filed by the Enforcement Directorate (ED) just hours before the Delhi Chief Minister was set to leave Tihar jail. The agency The High Court said till it heard the petition, the trial court order granting Mr Kejriwal bail would not be acted upon.
Additional Solicitor General (ASG) SV Raju, representing the ED, argued against the trial court's decision to grant bail to Mr Kejriwal, labelling it as "perverse" and highlighting serious procedural irregularities. "The trial court's order is completely flawed. The court said there was no direct proof. That's a wrong statement by the court," Mr Raju said before the bench comprising Justices Sudhir Kumar Jain and Ravinder Dudeja.
"We showed material but nothing considered. There are two ways when bail can be cancelled. If relevant facts are not considered and irrelevant facts are considered, that is grounds for cancellation of bail. I am saying look at the soundness of the order. Could have granted bail but not in this manner. Totally perverse order," he added.
The Additional Solicitor General said that the trial court arrived on the decision based on wrong facts. "On wrong facts, wrong dates, you come to a conclusion that mala fide. But why, the reason is missing. My note not considered, not allowed to argue. The arrest was challenged. The remanding court said the arrest was correct. It was challenged before this court. The single judge said nothing wrong with the arrest," he said.
Citing a 2014 Supreme Court precedent, Mr Raju underscored the importance of ensuring that bail decisions are based on sound legal reasoning and comprehensive evaluation of all pertinent facts. "The trial court should not have overlooked relevant aspects and should not have relied on irrelevant considerations," he asserted.
"The court did not hear our arguments, did not properly examine the evidence we provided, and dismissed our concerns without due consideration," he added.
The High Court, while temporarily suspending the bail order, indicated that a thorough examination of the ED's petition would be conducted before any further decisions are made. "Until the matter is fully heard and evaluated, the trial court's decision granting bail cannot be implemented," the bench declared.
The ED arrested Mr Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags. The ED has alleged the money Mr Kejriwal got from the liquor sellers was used to fund the party's campaign in Goa since he is the convenor of the AAP.