ED's opposition to bail is for election propaganda: Arvind Kejriwal to Delhi High Court

Aam Aadmi Party (AAP) leader Arvind Kejriwal on Friday registered strong objection to the Enforcement Directorate's (ED) refusal to withdraw a plea filed last year challenging a trial court's June 2024 grant of bail to Kejriwal in the Delhi excise policy case. .Kejriwal's counsel made the submission before Justice Vikas Mahajan after the ED sought an adjournment in the matter, citing the unavailability of the Additional Solicitor General (ASG) who has been arguing the matter. The adjournment request was vehemently opposed by Senior Advocate Vikram Chaudhari who represented Kejriwal. Chaudhari said that ED's request for adjournment is to ensure that the matter remains pending during the upcoming Delhi assembly elections so that it can be used for propaganda for the polls.“This is the seventh time they have sought adjournment. There is an impending election in February. Why is this sword kept dangling? You can’t keep the matter pending. For other accused, they have been withdrawing. Why not in this? This is propaganda, I cannot say more than that," Chaudhari contended.He added that the ED should ideally withdraw its plea, now that all fifteen persons accused in the excise policy case are out on bail. "All 15 accused persons have been granted bail, where is the question of keeping this pending? They should honourably withdraw it," Chaudhari argued. "But this thing (withdrawal) was done in Abhishek Boinpally (a co-accused) matter as well?" the Court asked. “In Boinpally’s matter it was recorded that all accused are on bail. In K. Kavitha’s matter ED had said that it would not argue on merits and earned appreciation from the Supreme Court," Chaudhari replied. After hearing brief submissions, Justice Mahajan eventually agreed to allow the ED's request to adjourn the case and listed it on March 17..The Court was hearing the ED's challenge to a bail order passed by trial court judge Niyay Bindu on June 20, 2024. This grant of bail was promptly challenged by the ED before the Delhi High Court. The High Court passed an interim order staying bail order on the first hearing (June 21) and later confirmed this stay order some days later on June 25. However, over the next three months, Kejriwal was able to secure his release from jail on bail following certain orders passed by the Supreme Court in July and September 2024.In July 2024, a Division Bench of the Supreme Court granted Kejriwal interim bail until a larger Bench settled certain larger questions of law concerning the Prevention of Money Laundering Act (PMLA).In September, the top court also granted him regular bail in the Central Bureau of Investigation (CBI) case registered in connection with the same excise policy case.The ED's appeal against the June 2024 trial court bail order, however, remains pending before the Delhi High Court. The ED's counsel Zoheb Hossain today sought an adjournment in the matter. He also briefly acknowledged that even if the High Court were to allow the central agency's appeal, Kejriwal's release on interim bail by the Supreme Court would remain in force. "There is a practical difficulty in the cancellation of bail. Even if you hold in my favour, even then the interim bail will continue," he said. .The excise policy case in which Kejriwal is among the key accused involves allegations that loopholes were intentionally left in the now-scrapped Delhi Excise Policy of 2021-22, to benefit certain liquor sellers. The ED has alleged that kickbacks received from liquor sellers were used to fund the AAP's electoral campaign in Goa and that Kejriwal, being the National Convenor of the party, is both personally and vicariously liable for the offence of money laundering.Kejriwal has denied the allegations and has accused the ED of running an extortion racket. Other AAP leaders arrested in the same case include former Deputy Chief Minister of Delhi, Manish Sisodia and Member of Parliament Sanjay Singh.Both the ED and CBI are probing the case. Kejriwal was arrested by the ED in the matter on March 21 last year, and is presently out on bail. All others accused are also now out on bail. .[Read Live Coverage]