HC pauses trial court’s order granting bail to Kejriwal, wife Sunita says ‘CM being treated as terrorist’

The Delhi High Court has taken up the Enforcement Directorate’s (ED) matter opposing bail granted to Delhi Chief Minister Arvind Kejriwal.

AAP Rajya Sabha MP Sanjay Singh blamed the Haryana BJP government and said the AAP Punjab government had been supporting Haryana with water supply. But, Atishi still has to request L-G, PM to release Delhi’s ‘rightful water’ every day. He also addresses the vandalism of the DJB office and the attack on its DJB workers by the BJP party workers.

AAP Rajya Sabha MP Sanjay Singh on Friday said, “Everybody in Delhi should understand the purpose of Atishi’s ‘water satyagraha”. There is no more considerant act than quenching the thirst of people. Nobody including animals, birds especially humans should not be deprived of water. But, the BJP government is so cruel that you are suffering the people in the capital for each drop of water.”

Addressing the stay order for Delhi Chief Minister Arvind Kejriwal, Sunita Kejriwal on Friday remarked, “As if Arvind Kejriwal is the most wanted terrorist of India, that is how he is being treated.” She also mentioned the heatwave concerns in Delhi, which have surged the water demand, expressing hope that the neighboring states would help.

Chief Minister Arvind Kejriwal’s immediate agenda, upon release from Tihar Jail, includes addressing various administrative and political issues. His release follows a bail grant in the excise policy case after an earlier rejection of interim bail.

Key tasks include implementing a Rs 1,000 aid scheme for women outside the tax bracket, which was a significant budget promise. The scheme’s draft was in the final stages before his arrest on March 21, with implementation expected by October-November.

Kejriwal must also address the postponed Mayoral elections, initially scheduled for April but delayed due to his arrest. Additionally, Kejriwal needs to convene the National Capital Civil Services Authority (NCCSA) meeting to address pending bureaucratic issues and transfers, including the appointment of a new Divisional Commissioner. These tasks highlight the extensive responsibilities awaiting his return.

The single-judge bench of Sudhir Kumar Jain will shortly begin hearing the Enforcement Directorate’s plea challenging the regular bail granted to Chief Minister Arvind Kejriwal.

The Court staff of Judge Niyay Bindu have given a detailed 25 page order to the counsel representing Kejriwal.

In Kejriwal’s bail order –

* Commenting on the argument of the ED that investigation is an art, the Court said that this could mean that material is “artistically” being procured against the accused. The agency was not acting without bias.

* Commenting on the ED relying on the approvers statements – Complete truth cannot be revealed by those who had resiled from their earlier statements.

* The agency has not been able to prove that co-accused Vijay Nair was acting on the directions of the accused (CM Kejriwal)

* Even if Vinod Chauhan and Chanpreet Singh have close relations with each other, and Kejriwal is acquaintanced with the two co accused, this doesn’t mean that he is guilty.* “This is also noticeable that in the cases under PMLA bail of the accused becomes an impossible task to obtain as on one pretext or the other investigating agency gives it’s own reasons which puts the accused in a situation almost equivalent to a convict without any hope to be released from the gloomy atmosphere of jail. The situation becomes more grave if later on, the accused comes out to be innocent and the agony he has undergone remains unexplained,” the order reads.

The BJP was caught off guard when a city court granted bail to Delhi Chief Minister Arvind Kejriwal, prompting internal discussions. The party is awaiting the Enforcement Directorate’s next steps in the excise policy case. A senior BJP leader expressed concern over the potential activation of the Mukhyamantri Mahila Samman Rashi scheme, which provides Rs 1,000 monthly to eligible women, ahead of the 2025 Delhi Assembly polls.

Delhi BJP President Virendra Sachdeva emphasized that the bail was a judicial matter and that Kejriwal is not acquitted, as the trial continues. The BJP plans to challenge the AAP Delhi government politically over the ongoing water scarcity crisis and highlight Kejriwal’s “out-on-bail” status in public protests, aiming to bring the alleged corruption in the liquor policy back into focus.

Arvind Kejriwal’s interim bail provides a significant boost to the AAP amid political challenges. The party, assessing its standing after a disappointing performance in the Lok Sabha election in Delhi and Punjab, is now focusing on the upcoming Assembly elections.

Despite past successes in bouncing back from Lok Sabha losses to win Assembly elections, AAP faces anti-incumbency issues and a severe water crisis in Delhi.

Kejriwal’s return during this tumultuous period contrasts with the more hopeful atmosphere before the Lok Sabha polls, but his bail is seen as vital for unblocking several stalled projects and energizing the party.

With a high bar set for bail in cases related to the Prevention of Money Laundering Act, people have criticised it for long for being draconian as it expects the court to have trial considerations at the stage of bail. Given that money laundering offences attract three to seven years in prison, such long incarcerations before trial are seen by critics as akin to serving a sentence even before conviction.

Kejriwal’s deputies, former Delhi Health Minister Satyender Jain and former Deputy CM Manish Sisodia, have both spent more than a year in jail despite efforts to secure bail. NCP leader Chhagan Bhujbal, who was arrested by the Enforcement Directorate in 2016, spent more than two years behind bars as he could not secure bail.

On Thursday night, a lower court in Delhi granted bail to Delhi CM Arvind Kejriwal which currently has been put on pause by the Delhi HC. The fact that bail was granted to Kejriwal is of significant legal import because of the high bar set by the Prevention of Money Laundering Act (PMLA) for bail.

Section 45 (1) of the statute says that no accused shall be released on bail unless “the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail”. In effect, the bail order potentially puts a question mark on the Enforcement Directorate’s case against Kejriwal.

This is one key reason why securing bail under the PMLA is very difficult and most accused end up spending several months, if not years, behind bars before the courts grant them bail.

Delhi Chief Minister Arvind Kejriwal was granted bail, highlighting significant legal implications due to the stringent bail requirements under the Prevention of Money Laundering Act (PMLA).

The law mandates that an accused can only be released if the court believes they are not guilty and won’t commit an offence while on bail. This high standard often results in prolonged incarcerations before trial, as seen with Kejriwal’s deputies and other political figures who spent years in jail before securing bail.

Critics argue that the PMLA’s provisions are draconian, equating long pre-trial detentions with serving a sentence before conviction. The Supreme Court previously struck down this provision as unconstitutional but later upheld it.

Kejriwal’s bail could cast doubt on the Enforcement Directorate’s (ED) case against him. The ED plans to challenge the bail in the Delhi High Court, arguing potential evidence tampering and procedural issues. If unsuccessful, the ED may escalate the matter to the Supreme Court.

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The Delhi High Court has announced that the trial court order will “not be acted upon” till the HC hears the case.

This development comes after the Enforcement Directorate (ED) approached the High Court to challenge the bail granted to Chief Minister Arvind Kejriwal in money laundering case related to an excise scam. The High Court further mentioned that if the necessary documentation is properly organized, the case will be listed for hearing.

AAP minister Sanjay Singh in his statement on Friday said “We have been saying this that a fake, baseless case was made up against Arvind Kejriwal. The was made to finish the politics of Aam Aadmi Party and Arvind Kejriwal. However, BJP has received a tight slap. Kejriwal’s bail is a very big and happy news for the entire country, democracy and justice system and every AAP worker.”

Additional Solicitor General S V Raju, representing the Enforcement Directorate (ED), is seeking a stay on the trial court order that granted bail to Kejriwal in a money laundering case. Raju stated, “I’m requesting a stay of the bail order. The order was pronounced yesterday evening and hasn’t even been uploaded yet. We were not given an opportunity to oppose the bail. They (Kejriwal’s side) did not fully argue the case. I was instructed to finish my arguments quickly and was only given half an hour. My arguments were curtailed, and I wasn’t even given time to file written submissions. This is unacceptable. I have an excellent case on merits.

Section 45 of the PMLA requires that the public prosecutor be given an opportunity to oppose the bail. In this case, the public prosecutor was denied this opportunity. I am making this allegation with all seriousness.”

The Enforcement Directorate (ED) approached the Delhi High Court on Friday to contest the bail granted to Chief Minister Arvind Kejriwal in the money laundering case related to the alleged excise scam.

The matter is expected to be mentioned in the high court soon for an urgent hearing.

The ED’s challenge follows a trial court’s decision on Thursday to grant bail to the AAP leader. Kejriwal was arrested by the ED on March 21, shortly after the Delhi High Court denied his request for protection from arrest in response to summonses issued to him.

Water Minister Atishi has announced an indefinite strike starting this Friday due to the ongoing water shortage in Delhi. In a post on X, she highlighted that “28 lakh Delhiites are still without water. Despite our best efforts, the Haryana government has not provided the full water supply needed for Delhi.”

Drawing inspiration from Mahatma Gandhi’s teachings on Satyagraha, Atishi stated, “To fight against this injustice, I will embark on a ‘Water Satyagraha’ today.”

Her plans include visiting Raj Ghat at 11 am to pay tribute to Gandhi, followed by the commencement of her indefinite fast at Bhogal, Jangpura from 12 pm.

“I will continue fasting until the people of Delhi receive their rightful share of water from Haryana,” Atishi declared.