Kejriwal release updates HIGHLIGHTS: Delhi High Court stays trial court order granting bail to Chief Minister

"The fight against corruption will continue. I have full faith in the court and the investigation agencies... AAP should learn to respect the court's decision... Bail is not a relaxation," Tiwari said.

The Delhi High Court on Friday stayed the local court's order granting bail to Arvind Kejriwal in the liquor policy scam case. The development has come after the Enforcement Directorate (ED) approached the High Court challenging the local court's judgement. 

• The trial court has said that Kejriwal is not involved in this case since 2022, but the proceedings have started from 2022. Statements of four people have come in September, October and November, but none of them said a word about me.
• Magunta Reddy has recorded a statement under Section 164 and said that I had talked to him about the liquor business.
• It is worth noting here that by this time three arrests had been made. These arrests were made in November 2022 and February 2023. Buchi Babu gives statements against me in custody and he gets bail immediately.
• Similarly, if Radha Mangunta also gets bail, then ED does not oppose it. Similarly, Sarath Reddy was also forgiven by ED. If the verdict comes against me, I will be in jail. ED is very clean that how can anyone get bail under my nose?
• Kejriwal has not received a single penny. The trial court has rightly considered Section 45 of PMLA. The High Court and the Supreme Court have said that Section 45 does not bar bail.

In the eyes of ED, a person's freedom is very little. ED wants to turn the law on its head. The distortions being pointed out by ED are imaginary. These are not distortions. This is just a different view of the trial court, he said.

• Advocate Abhishek Manu Singhvi, representing Kejriwal, said that the stay on the trial court's order is nothing but cancellation of bail.
• Kejriwal's lawyer Singhvi said that ED has a new way to evade the law.
• Singhvi: ED is trying to circumvent the law. Granting bail and cancelling bail are two different things.

"The Supreme Court has clearly said that you can go to the trial court for bail. My question is that if Justice Sharma's decision was final as ED is saying, then why did the Supreme Court give this freedom? Secondly, if proceedings for illegal arrest can be clubbed with bail as the ED is doing then why did the Supreme Court make a distinction between going on bail and reserving orders on illegal arrest?" Singhvi said.

Singhvi argues in the High Court and says:  

• The case went on for five hours in the lower court. Raju took about 3 hours 45 minutes and then the trial judge was blamed because he did not repeat every comma and full stop.
• ED's argument is that the Supreme Court has not overturned the decision of Justice Swarnakanta, so bail can never be granted. Justice Swarnakanta Sharma and the Supreme Court were hearing the legality of arrest, not bail.
• Justice Swarnakanta Sharma has clearly stated in her order that I am not talking about bail but about arrest.
• ED argued on this aspect for more than 20 minutes, but forgot to mention this point. But Justice Swarnakanta's decision is not the final decision.

ED is completely biased. Every argument shows complete bias, Singhvi said.

Every person responsible for conducting the affairs of the AAP party will be guilty of the crime of money laundering, he said.

One is in his personal capacity in which Kejriwal personally demanded Rs 100 crores. For the second, Kejriwal is vicariously liable because the AAP party is guilty of the crime of money laundering because the Aam Aadmi Party used the money obtained from the proceeds of crime in election campaigning for its candidates and their programs.

ASG Raju said that our case is that Kejriwal is guilty of money laundering in two cases.

ASG SV Raju said that a judge who admits that I have not read the papers and I am granting bail, there cannot be a bigger perversion than this. The bail order can be rejected on this basis, he said.

ASG Raju said that we have traced 45 crores. We have shown how the money was used in Goa elections. Yet the court says that ED has no ability to show.

Only the lordship can protect the judicial institute, Singhvi said. Singhvi says the High Court and Supreme Court were dealing with the issue of legality of arrest, not the bail.

Senior Advocate Abhishek Manu Singhvi making submissions. Singhvi says the approach of ED is deplorable.

ASG S V Raju said that it is a fit case for stay. An accused in the PMLA Case is not required to be shown accused in scheduled offence, ASG submitted.

During the hearing on ED's bail plea, ASG Raju argued that the lower court heard the bail plea in a hurry and did not consider the fact that the bribe giver had said that Arvind Kejriwal had asked for Rs 100 crore. He also said that the trial court did not consider the findings of the High Court. The High Court had said that the arrest was correct, there was nothing wrong in it.

ASG SV Raju appearing for the Enforcement Directorate informs Delhi HC that the trial court says records are voluminous and passes the order. He further says that without going through documents filed by both sides and without giving the probe agency an opportunity, the matter is decided. Without going to documents how can you say it's relevant or not relevant, ASG Raju points out.

ASG SV Raju cited section 45 of PMLA and claimed that it is a necessary condition that the court give the public prosecutor a full opportunity to present his arguments while hearing the bail application. But this did not happen in this case. "The lower court did not give us full opportunity to oppose the bail," ASG Raju.

The hearing on ED's plea against the lower court order of granting bail to Delhi Cm Arvind Kejriwal has started in Delhi High Court.

Commenting on ED's argument that investigation is an art, the court said it could mean that material against the accused was being obtained "artistically". The agency was not working without bias.

•  Comment on ED relying on statements of approvers - The whole truth cannot be brought out by those who contradicted earlier statements.
•  The agency could not prove that co-accused Vijay Nair was working on the instructions of the accused.
•  Even if Vinod Chauhan and Chanpreet Singh were in touch with each other and Kejriwal knew both the co-accused, it does not mean that he is guilty.

ED's plea against bail to Arvind Kejriwal has been listed before the HC. Justice Sudhir Kumar Jain will hear the matter. The case is listed as item 41.

Ahead of the start of the hearing in Delhi High Court, the bail order issued by Rouse Avenue Court has been uploaded. According to the bail order, the lower court has granted bail on the ground that ED has failed to establish a connection between the money and election expenses.

Delhi Minister Saurabh Bharadwaj attacked the Central government over the Delhi High Court's decision to stay Arvind Kejrwal's bail. He iterated that if the order had not come, which order did the ED challenge in the High Court?

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Reacting to the latest development, AAP Rajya Sabha MP Sanjay Singh called it the Modi government's hooliganism. He argued that if the trial court order is not uploaded and the copy of the order is not available, then which order has Modi's ED gone to challenge in the High Court?

The Delhi High Court has accepted ED's plea for an urgent hearing. Delhi HC says the file related to the case will come before the bench in 10-15 minutes. ASG SV Raju representing ED told the Delhi High Court that the trial court order has not yet been uploaded and conditions are unknown. 

ASG Raju also informed the Delhi HC that the probe agency has not been given the full opportunity to oppose the bail application of Delhi CM Arvind Kejriwal. ASG SV Raju urges the High Court that let the order be stayed and the matter be heard as early as possible. To this the court stayed the release of Arvind Kejriwal. Hearing to begin in few minutes.

The Delhi High Court has stayed the bail orders issued by the Riuse Avenue Court. It has stayed the order till the High Court takes the matter. It said that no proceedings will commence before the trial court till the Delhi High Court hears the case.

The ED has sought a stay on the trial court's order saying that it did not get full time for the debate. The copy of the court order has not been received yet

The ED said, "We were not even given a chance to speak. Our talk was not allowed to be completed." ED demanded a stay on Kejriwal's bail from the High Court. ED said that they were not given full time to file a petition against bail.

ED moves Delhi High Court against the order of the trial court granting bail to Delhi CM Arvind Kejriwal in Delhi Excise policy money laundering case.

ED is likely to mention the matter for an urgent hearing.

The Enforcement Directorate (ED) is all set to move the Delhi High Court on Friday against the Rouse Avenue court's judgement granting bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case related to the Delhi excise policy.

The federal agency made the decision soon after the Rouse Avenue court on Thursday granted bail to Kejriwal in the case. Vacation judge Nyay Bindu granted bail to Kejriwal on furnishing bail bond of Rs one lakh.

On Rouse Avenue court granting bail to Delhi CM Arvind Kejriwal, BJP leader Arvinder Singh Lovely said that Aam Aadmi Party is habitual of calling permission of campaigning and bail aw their win. However, bail does not mean that Arvind Kejriwal is acquitted of charges.

Delhi Minister Saurabh Bharadwaj also reacted to the court's order and termed it as a milestone. He said, "Rouse Avenue court granting bail to Arvind Kejriwal is a milestone for the entire country. This decision will become a big precedent in our legal system." He further added, "In PMLA most people get relief only from the Supreme Court, lower courts usually never give relief."

Reacting to the bail order of Arvind Kejriwal, BJP leader Kapil Mishra hoped that Kejriwal would "work for the people of Delhi in the remaining tenure".

"After being badly defeated in the court of the people, Kejriwal will now run the government as a criminal who has come out on bail. I hope this time, leaving behind your arrogance and rudeness, you will do some work for the people of Delhi in the remaining tenure," he posted on X.

AAP Rajya Sabha Member Raghav Chadha also expressed his happiness following the court's order. "Truth may be troubled but not defeated. This is the victory of justice, the victory of truth. Heartfelt thanks to the Honorable Court for granting bail to Arvind Kejriwal ji (sic)," he wrote on X

After Arvind Kejriwal got bal from the Rousa Avenue Court, AAP leaders reacted on the court's decision. There was a wave of happiness among Aam Aadmi Party leaders following Delhi Chief Minister Arvind Kejriwal's bail. Celebrating the news, Delhi government minister Atishi took to her X account and wrote "Satyamev Jayate".

The judge hearing the bail pleas imposed certain conditions on Kejriwal before granting him the relief. The court put conditions, including that he would not try to hamper the investigation or influence the witnesses. The judge also directed Kejriwal to appear before the court whenever required and to cooperate with the investigation. Kejriwal's lawyers are likely to submit the bail bond before the court on Friday, after which he would be released from Tihar jail.

The Rous Avenue Court ono Thursday declined the Enforcement Directorate's (ED) request to stay the bail order of Kejriwal for 48 hours. Earlier, the court had reserved its order on the bail application of Delhi CM Arvind Kejriwal. Special Judge Niyay Bindu had reserved the order after hearing the ED, which sought to link Kejriwal to the alleged proceeds of crime and co-accused, and the defence that claimed the prosecution has no evidence to nail the AAP leader.