Delhi High Court upholds interim stay, Kejriwal to remain in jail in alleged liquor policy case
The High Court criticised the Rouse Avenue Court in Delhi, stating that it “didn’t apply its mind” before granting bail
Arvind Kejriwal’s stay in jail has been extended, as the Delhi High Court has decided to maintain its temporary hold on the lower court’s decision to grant him regular bail. This ruling came on Tuesday afternoon in connection with the alleged liquor policy case.
The High Court criticised the Rouse Avenue Court in Delhi, stating that it “didn’t apply its mind” before granting bail. It highlighted several issues, such as inadequate time for the prosecution to present its case and a lack of thorough discussion regarding the conditions related to the Prevention of Money Laundering Act, the law under which Mr. Kejriwal was charged.
The High Court stated that “averments and allegations made in the main petition (in which the prosecution challenged Mr. Kejriwal’s bail order) require due consideration.” They highlighted how the lower court failed to “discuss the vicarious liability of Arvind under Section 70 of the PMLA.” The High Court further added, “This court has (therefore) decided that the vacation judge (in the Rouse Avenue Court, Niyay Bindu) did not appropriately appreciate material on record and the averments of ED. Accordingly, the application is allowed, and the operation of the impugned order is stayed.”
Last week, the Enforcement Directorate, the federal agency responsible for arresting AAP leader Arvind Arvind in March over the liquor policy case, appealed to the High Court. They filed a final plea contesting a city court’s bail order for Kejriwal, describing it as “perverse” and “flawed.” After hearing arguments from both parties, the High Court issued a temporary hold on Mr. Kejriwal’s release until its final decision, which is expected today.
Claims of Political Motivation in the Liquor Policy Case
Following this, on Monday, Mr. Kejriwal approached the Supreme Court to challenge the interim stay. The Supreme Court declined to provide immediate relief to the Delhi Chief Minister, citing that it would be inappropriate to intervene while the High Court had yet to deliver its verdict. Nevertheless, the Supreme Court acknowledged that the High Court’s actions were out of the ordinary. Justice Manoj Misra remarked, “In stay matters, orders are not reserved but passed on the spot. What has happened here is unusual.”
In the recent hearing at the Supreme Court, where Mr. Kejriwal was previously granted interim bail for campaigning in the general election, the AAP leader argued that “balance of convenience” favored him. Senior advocate Abhishek Singhvi said, “If bail is reversed, he will go back to jail, as he did after the Supreme Court’s interim release.” Advocate Abhishek Singhvi also highlighted the Supreme Court’s acknowledgment that Mr. Kejriwal is not a “habitual offender” and lacks criminal history in the order granting him interim bail. Mr. Kejriwal questioned, “Why can’t I be free in the interim? I have a judgment in my favor.” Since he was granted regular bail by the Rouse Avenue Court last Thursday,.
The court agreed with his argument that the case against him relied solely on statements from former accused individuals who are now government witnesses. He emphasized and argued, saying, “Circumstances have to be so intrinsically linked as to lead to guilt. Statements by tainted individuals discredit the prosecution’s case. There is no evidence that 100 crore came from ‘South Group’. There is no evidence.”
The ED arrested Mr. Kejriwal on money laundering accusations related to the formulation of Delhi’s liquor policy for 2021–22, which was later annulled following concerns raised by the Lieutenant Governor. The ED claims that the money, approximately ₹100 crore, received by Mr. Kejriwal and the AAP from liquor sellers was used to finance the party’s election campaigns in Goa and Punjab. Both Mr. Kejriwal and the AAP have dismissed these allegations as politically motivated, highlighting that, despite extensive investigations, the ED has not located the purported bribe money.
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