Delhi Chief Minister Arvind Kejriwal will remain in jail for now as the High Court on Tuesday stayed a trial court order granting bail to him in the money-laundering case linked to the now-scrapped liquor policy, Live Law reported.
Justice Sudhir Kumar Jain said that the trial court “did not properly appreciate the material on record and the averments of ED [Enforcement Directorate].”
The court also took note of the trial judge’s observation that the records were voluminous and the Enforcement Directorate’s argument that the matter was decided without going through the documents filed by both sides.
Such an observation was “totally unjustified”, the judge said, adding that it highlighted that the trial court had not applied its mind to the material.
The court also accepted the Enforcement Directorate’s claim that the trial judge did not give it a proper opportunity to present its case.
Vacation Judge Nyay Bindu of the Rouse Avenue Courts had granted bail to Kejriwal on Thursday. The trial court said in its order that the Enforcement Directorate had acted with bias against Kejriwal.
However, the High Court issued an interim stay on the order on the next day as it allowed an urgent hearing of a petition by the Enforcement Directorate.
On Monday, the Supreme Court said that it would hear on Wednesday the Aam Aadmi Party chief’s plea challenging the High Court’s decision to impose the interim stay on his bail.
The top court also noted that it was unusual that the High Court did not release the order immediately.
The Aam Aadmi Party chief was arrested by the central law enforcement agency on March 21. The Enforcement Directorate is investigating allegations of money laundering in the liquor policy case based on a first information report filed by the Central Bureau of Investigation.
Kejriwal had surrendered at the Tihar jail on June 2 after his 21-day interim bail period ended. The Supreme Court had granted the Opposition leader bail on May 10 in the liquor policy case to allow him to campaign for the Lok Sabha elections.
The two central agencies have alleged that the Aam Aadmi Party government modified Delhi’s now-scrapped liquor policy by increasing the commission for wholesalers from 5% to 12%. This allegedly facilitated the receipt of bribes from wholesalers who had a substantial market share and turnover.
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