Big Upset for Arvind Kejriwal, Delhi Court Denies Interim Bail in Excise Policy Case

Rouse Avenue Court on Wednesday refused interim bail to Delhi CM Arvind Kejriwal in a money laundering case linked to the alleged excise policy scam.

Special Judge Kaveri Baweja dismissed Kejriwal’s request for a seven-day interim bail on medical grounds. His regular bail plea is scheduled for hearing on June 7.

The judge also extended judicial custody of Kejriwal till June 19, 2024.

Kejriwal, arrested by the Enforcement Directorate (ED) on March 21, was granted interim bail by the Supreme Court until June 1, after which he surrendered. The court has ordered certain diagnostic tests for Kejriwal.

Appearing for the AAP leader, Advocate Vivek Jain mentioned that there had been variations in Kejriwal’s weight. However, the court instructed that an appropriate application be filed on behalf of the Chief Minister, clarifying the relief sought.

ED’s Arguments

Solicitor General of India (SGI) Tushar Mehta, representing the ED, raised preliminary objections, stating that the interim bail plea was not maintainable. Additional Solicitor General (ASG) SV Raju, also representing the ED, argued that the interim bail application effectively sought an extension of the Supreme Court’s order, which is not permissible. He stated that while Kejriwal was granted the liberty to apply for regular bail, no such liberty was given for extending the interim bail.

ASG Raju further noted that the rigours for granting bail under Section 45 of the Prevention of Money Laundering Act (PMLA) are mandatory and must be followed when deciding on an interim bail application. He asserted that unless a prima facie case is made out showing no offence, the interim bail application cannot be granted. Raju also accused Kejriwal of suppressing facts by not disclosing in his application that he had sought similar relief from the Apex Court.

Interim Bail on Medical Grounds

Senior Advocate N Hariharan, appearing for Kejriwal, argued that the Chief Minister’s medical condition necessitated the interim bail application. He claimed that Kejriwal’s need to campaign, the purpose for which interim bail was initially granted, and the stress-induced aggravation of his diabetes justified the request.

The Supreme Court Registry recently refused to list Kejriwal’s plea seeking a seven-day extension of his interim bail, granting him the liberty to move the trial court for regular bail.

Aam Aadmi Party (AAP)

Recently, the ED filed a supplementary chargesheet in the money laundering case, naming Kejriwal and the Aam Aadmi Party (AAP) as accused. The court has reserved its order on the cognizance of the seventh supplementary chargesheet filed by the probe agency.

On April 10, the Delhi High Court dismissed Kejriwal’s plea challenging his arrest, observing that the ED had presented sufficient material, including statements from approvers and an AAP candidate, indicating that Kejriwal received money for the Goa elections.

AAP leaders Manish Sisodia and Sanjay Singh are also accused in the case. While Sisodia remains in jail, Singh was recently granted bail by the Supreme Court following a concession by the ED.

Allegations against Kejriwal

The ED has alleged that Arvind Kejriwal is the “kingpin” of the Delhi excise scam and is directly involved in using proceeds of crime amounting to over Rs. 100 crores. The agency claims that the excise policy was implemented as part of a conspiracy to provide a 12 percent wholesale business profit to certain private companies, a stipulation not mentioned in the Group of Ministers’ (GoM) meeting minutes.

The Central agency further claimed that the conspiracy was coordinated by Vijay Nair and other individuals, along with the South Group, to provide extraordinary profit margins to wholesalers. According to the agency, Nair was acting on behalf of Chief Minister Arvind Kejriwal and Manish Sisodia.

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