Supreme Court: In a Special leave petition (Criminal) against the Delhi High Court’s order whereby, Directorate of Enforcement’s (‘ED’) plea challenging the bail granted to Delhi Chief Minister Arvind Kejriwal by the Rouse Avenue Court in Delhi Excise Liquor Policy case, was allowed and an interim stay was imposed on the bail, the Division Bench of Manoj Misra and SVN Bhatti, JJ. adjourned the petition.
The Court adjourned the matter for 26-06-2024. The Court did not express anything on merits, after hearing short arguments.
Senior Advocate Dr. Abhishek Manu Singhvi submitted that “if the High Court can pass an order at 10:30 AM without paper book or order, then why cannot the Court also stay the High Court order without Judgment?”
Justice Manoj Misra remarked that- “in stay matters, Judgements are not reserved but passed on the spot. What has happened here is unusual.”
On 20-06-2024, the Delhi Court granted bail to Kejriwal in the money laundering case, however, on the next day i.e., 21-06-2024, the ED opposed the bail, stating that the order was pronounced late night, and no clear opportunity was granted to oppose the bail.
Earlier, on 10-05-2024, the Court granted him interim bail till 01-06-2024 considering the ongoing 18th Lok Sabha General Elections with a direction to surrender on 02-06-2024, with several conditions. On 29-05-2024, the Supreme Court Registry had refused to list Kejriwal’s application seeking a seven-day extension of his interim bail in the Liquor Policy Case, granted on 10-05-2024.
Background
Kejriwal was arrested by the Directorate of Enforcement (ED) at his residence in connection with the Delhi Excise Policy case on 21-03-2024, after the Delhi High Court refused to grant interim protection to Arvind Kejriwal. The Rouse Avenue District Court granted custody of Delhi Chief Minister Arvind Kejriwal to ED till 28-03-2024. The ED had registered Enforcement Case Information Report (ECIR) on 22-08-2022 pursuant to registration of the predicate offences by the Central Bureau of Investigation on 17-08-2022 under Section 120-B read with Section 447-A of the Penal Code, 1860 and Section 7 of the Prevention of Corruption Act, 1988. ED’s investigation had revealed that K Kavitha MLC, Telangana Legislative Council along with others conspired with the top leaders of Aam Aadmi Party (AAP) including Kejriwal and Manish Sisodia for getting favours in the Delhi Excise policy-formulation and implementation. It was alleged that in exchange for these favours, K Kavitha paid an amount of Rs. 100 Crore to the leaders of AAP.
Source: Press
SC adjourns Kejriwal’s plea on bail stay, hearing rescheduled for June 26. Legal battle continues. ⚖️ #DelhiExciseCase