Amid Arrest and Corruption Allegations, Kejriwal Plans to File Fresh Appeal Against High Court Order
Delhi Chief Minister Arvind Kejriwal on Wednesday withdrew his plea before the Supreme Court challenging the interim stay imposed by the Delhi High Court on the bail granted by the trial court in the money laundering case connected to the now-scrapped Delhi excise policy. This decision came shortly after Kejriwal was arrested by the Central Bureau of Investigation (CBI) in connection with a corruption case related to the alleged scam.
Senior advocate Dr. Abhishek Manu Singhvi informed a vacation Bench of Justices Manoj Misra and SV Bhatti that he intends to withdraw the current plea to file a fresh one challenging the final order passed by the High Court on June 25. The Bench granted the request, allowing the Delhi CM to submit a new plea.
On June 25, Justice Sudhir Kumar Jain of the High Court stayed the trial court order granting bail to Kejriwal, stating that the judge had not thoroughly reviewed the material presented by both parties. Special Judge Niyay Bindu of Delhi’s Rouse Avenue Court had ordered Kejriwal’s release on June 20, noting that the Enforcement Directorate (ED) had failed to provide direct evidence linking him to the crime.
Justice Jain clarified that his order should not be seen as an opinion on the merits of the ED’s main petition challenging the trial court order. This petition is scheduled for hearing on July 10.
The Delhi CM was arrested by the ED on March 21, with the agency alleging that he was the ‘kingpin’ in the Delhi excise policy scam. After spending weeks in jail, he was released on May 10 by the Supreme Court to campaign for the Lok Sabha polls, only to return to jail on June 2 after the apex court denied further relief.
Kejriwal was presented before Special Judge Amitabh Rawat, where the CBI sought his custody for interrogation. The application was moved after Kejriwal was brought from Tihar Central Jail.
Background of the Case
The excise case involves alleged corruption and money laundering in the formulation and implementation of the Delhi government’s 2021-22 excise policy. Lt. Governor V.K. Saxena had recommended a CBI probe into the alleged irregularities, leading the ED to file a case on August 22, 2022, following the CBI FIR lodged on August 17, 2022.
The New Delhi Excise Policy 2021-22, introduced in November 2021, aimed to revolutionize the liquor retail landscape in the capital, maximize state revenue, combat counterfeit alcohol sales, and improve consumer experience. However, the policy faced strong opposition and allegations of procedural irregularities, leading to its annulment on August 1, 2022.
Arrest and Legal Proceedings
On Wednesday, the CBI arrested Kejriwal in the liquor policy case and presented him in Delhi’s Rouse Avenue Court. The agency stated that the exercise could have been done before the Lok Sabha elections but was not. On Tuesday, the CBI examined Kejriwal in Tihar Jail and recorded his statement related to the excise policy case.
Kejriwal withdrew his plea from the Supreme Court, challenging the Delhi High Court order that granted an interim stay on the trial court’s bail order. A vacation bench of Justices Manoj Misra and SVN Bhatti permitted the withdrawal, with senior advocate Abhishek Singhvi indicating that a substantial appeal would be filed following the High Court’s detailed order on June 25.
The Delhi High Court on Tuesday stayed Kejriwal’s bail order, stating that the trial court should have recorded its satisfaction with the fulfilment of twin conditions of section 45 of the Prevention of Money Laundering Act (PMLA) before passing the order. The court highlighted that the vacation judge did not adequately consider the material documents presented by the ED.
Kejriwal has been in custody since March 21, except for a brief period of interim bail granted by the Supreme Court for election campaigning. The case revolves around alleged irregularities in Delhi’s now-scrapped 2021-22 excise policy, which the CBI began probing following a recommendation by Delhi’s lieutenant governor in July 2022.