The Delhi court on Saturday has reserved its order on an application moved by Chief Minster and AAP supremo Arvind Kejriwal seeking interim bail in a money laundering case linked to an alleged excise policy scam for June 5.
The case being probed by the Enforcement Directorate relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-scrapped excise policy for 2021-22.
JUDGMENT
Special Judge Kaveri Baweja reserved the order, observing that the application was for grant of interim bail on medical grounds and not for the extension of the interim bail granted by the Supreme Court.
On May 10, the top court granted 21-day interim bail to the chief minister to enable him to campaign during the Lok Sabha polls. It directed him to surrender on June 2, a day after the last phase of the 7-phase poll gets over.
Kejriwal campaigned in UP, Punjab, Delhi and Maharashtra after being released from the Tihar jail.
After the judge reserved the order, Kejriwal’s counsel urged the court to pass the order on Saturday itself, considering that he has to surrender on Sunday.
The judge, however had declined the request, stating that the arguments and the documents submitted by the advocates of the accused as well as the prosecution was voluminous.
During the proceedings, Solicitor General Tushar Mehta, appearing for the ED, told the court that Kejriwal made misleading claims at a press conference on Friday that he would surrender on June 2 on his own.
At a press conference, Kejriwal stated that he will be surrendering on June 2. He stated, “I will leave my house around 3 pm (on Sunday) to surrender. It is possible that this time they will torture me more, but I will not bow down,”
Kejriwal also alleged, “They tried to break me. They stopped my medicines while I was in jail. My weight reduced by six kg after being arrested. My weight was 70 kg when I was arrested. I have not gained weight after coming out of jail.”
He claimed, Doctors have advised several tests and “they feel this could be a sign of some underlying medical condition.”
ED’s counsel stated in court, “Kejriwal campaigned throughout his interim bail period and, now, he suddenly claims he is ill. Kejriwal suppressed facts and made false statements, including about his health.”
Kejriwal’s counsel told the court that he was ill and needed treatment.
WHAT ED STATED?
The ED stated that an interim bail is not maintainable as the trial court can’t modify the order of the Supreme Court mandating Kejriwal to surrender on June 2.
The probe agency’s counsel stated, “The Supreme Court order says he will surrender. That order has not been modified till date. He has to surrender.
He is not on interim bail because of this court’s order. He is on interim bail because SC order. He is asking for extension of the Supreme Court order, which is not permissible.”
Mehta stated that the liberty granted to him is that he will apply for regular bail, and there is no liberty for extension of interim bail.
He said, “A person who is saying that his condition is serious, look at his conduct. From the day he was released, he is campaigning everywhere and not like one minute or two minutes, its for hours. At that time, nothing happens to his health.”
The ED alleged that Kejriwal wants to cheat the court by delaying medical tests. It said, “If any tests are required, we’ll provide all facilities in jail. If required we will take (Kejriwal) to AIIMS or any hospital.”
The ED’s counsel, “A person who claims on TV that I may die, kidney failure etc, didn’t go for a basic test since May 25? The entire system cannot be taken for a joy ride. It is a game being played by the litigant with the system. The prayers may not be granted.”
Seeking the relief, Kejriwal’s counsel told the court that despite his ill health, the AAP leader campaigned because that was the purpose for which the interim bail was granted by the Supreme Court.
The counsel asked “Stress due to the campaign increased his sugar level. Today, when I (Kejriwal) go back to jail without tests being done, I am subjecting myself to risks. This is only to ensure the fact that the treatment given to me is in conformity to the ailment I have. I am not asking for interim bail for two months or three months. What is the prejudice that will cause to them.”
