Kejriwal Fights Back: Challenges ED’s Opposition to Grant Bail in Excise Policy Case

Angela Chakraborty

In a remarkable twist, Delhi Chief Minister Arvind Kejriwal on Wednesday has challenged the Enforcement Directorate’s (ED) plea opposing his bail in the excise policy case and claimed it to be a “false and concocted story” intended to tarnish his political image.

Kejriwal, who was detained on March 21 by the ED on money laundering charges and then by the Central Bureau of Investigation (CBI) on June 26 over allegations on corruption linked to the excise policy, filed a 130-page reply to the Delhi High Court, arguing that there is insufficient evidence from the ED to justify his ongoing confinement, and that he is a “victim of a witch-hunt”.

Kejriwal Fights Back: Challenges ED’s Opposition to Grant Bail in Excise Policy Case

The National Convener of the Aam Aadmi Party (AAM) has urged the Delhi High Court to dismiss ED’s petition and lift the interim order imposed on June 25 by which the previous decision made by the trial court on June 20 granting him bail was stayed. He also alleged that the agency obligated other accused individuals to give evidence against him in return for special consideration regarding their bail.

Senior advocate Abhishek Singhvi, representing Mr Kejriwal, highlighted the issue and urged the court to fix a specific time for the hearing as there is extreme urgency in the case. The Chief Minister’s legal advocates claimed that the trial court’s bail order was “well-reasoned” and also added that it demonstrated a proper application of judicial intellect.

They mentioned that Kejriwal’s arrest was “illegal” and was aimed to “harass and humiliate a political opponent.” His lawyers also brought to attention that during his ED custody from March 22 to April 1, nothing relevant to the investigation was uncovered, hinting that his arrest was a politically driven move.

On June 20, Arvind Kejriwal was released on bail with the trial court ordering him to execute a personal bond of Rs 1 lakh. The next day, the ED moved to the high court and insisted that the trial court’s order was “perverse”, “one-sided” and “wrong-sided” and that the conclusions were based on irrelevant facts.

On June 21, the High Court issued an interim stay on the trial court’s bail order till it passes an order on ED’s application for provisional relief. It had issued a notice to Mr Kejriwal directing him to file a reply to ED’s petition.

On June 25, the High Court passed a detailed order halting the trial court’s decision.

“All the submissions made by ED are not only untenable in law by also reflect their apathy, insensitivity, and overbearing as well as overreaching attitude towards courts of law,” the reply said.

“There exists no proof or material demonstrating that the AAP received funds or advanced kickbacks from the South group, let alone utilising them in the Goa election campaign. Not a single rupee was traced back to the AAP, and the allegations put forth in this regard are devoid of any tangible evidence, rendering them vague, baseless without any corroboration,” it added.

It mentioned that the probe failed to retrieve any evidence linking the ED’s allegations of transfer of Rs 45 crore by the South group as advanced kickback and then being utilised by AAP in the Goa elections.

The Delhi High Court has scheduled the next hearing for July 15, following a temporary halt to the trial court’s bail order on June 20. This development emerges amidst intense legal and political conflicts surrounding Delhi’s excise policy controversy.

While Kejriwal’s team claims that he is a victim of political character assassination, the ED maintains that it has evidence of money laundering and corruption linked to the excise policy.

As the matter progresses, it remains uncertain whether Kejriwal will be granted bail or if the ED’s objection will prevail. However, one thing is certain that this intense legal battle has a significant impact on Delhi’s political landscape.

11-07-2024

Angela Chakraborty is a student of Communication & Journalism, Gauhati University

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