A Delhi Court on Thursday granted bail to Chief Minister Arvind Kejriwal in the money laundering case linked to the alleged liquor policy scam. Vacation Judge Nyay Bindu of Rouse Avenue Courts issued the order after reserving it earlier in the day.
Prosecution’s Arguments
The Enforcement Directorate (ED), represented by ASG SV Raju and special counsel Zoheb Hossain, presented several arguments against granting bail. They highlighted that co-accused Chanpreet Singh allegedly received large sums of money from entrepreneurs and paid for Kejriwal’s hotel stays. Hossain requested a stay on the bail order to allow the ED to pursue legal remedies, but the court rejected this request.
Raju further claimed that Kejriwal’s refusal to provide his phone password hindered the investigation, suggesting an adverse inference should be drawn. He also mentioned Vijay Nair, stating that although Nair had no official role in framing the excise policy, he acted as a middleman for Kejriwal, demonstrating a close connection.
Defense’s Rebuttal
Senior Advocate Vikram Chaudhari, representing Kejriwal, rebutted the ED’s arguments. He pointed out that Kejriwal was called as a witness, not an accused, in the CBI case. He criticized the ED’s timing of the arrest, questioning why Kejriwal was arrested on March 21, soon after the general elections were announced, and suggested political motivations behind the arrest.
Chaudhari also argued that the evidence against Kejriwal was insufficient and based on presumptions, such as chat records and statements from co-accused that did not directly implicate Kejriwal in any wrongdoing. He emphasized that the Chief Minister had not been named an accused in the scheduled offence to date and that the materials presented by the ED lacked credibility.
Court’s Decision and Background
The court dismissed a recent plea by Kejriwal for interim bail on medical grounds, citing his active election campaigning as evidence against his claimed health issues. The ED had filed a supplementary chargesheet naming Kejriwal and the Aam Aadmi Party as accused, which the court reserved judgment on.
Earlier, the Delhi High Court dismissed Kejriwal’s plea challenging his arrest, supporting the ED’s evidence, including statements from approvers and AAP candidates alleging Kejriwal’s involvement in the Goa elections funding.
The ED has accused Kejriwal of being the “kingpin” in the Delhi excise scam, allegedly orchestrating a conspiracy to grant profitable business terms to certain private companies, with proceeds of crime amounting to over Rs. 100 crores. The agency asserted that the excise policy was manipulated to benefit specific wholesalers, coordinated by individuals like Vijay Nair on behalf of Kejriwal and other senior AAP leaders.
While AAP leaders Manish Sisodia remains in jail, Sanjay Singh has been granted bail by the Supreme Court following a concession by the ED.