Delhi High Court Grants ED Final Chance to Contest Kejriwal’s Bail

The Delhi High Court has provided the Enforcement Directorate (ED) with a final opportunity to argue against the bail granted to Aam Aadmi Party (AAP) leader Arvind Kejriwal in a significant money laundering case related to the now-defunct Delhi excise policy. This decision follows the court’s earlier stay of a trial court’s bail order issued on June 20, 2024.

The ED expressed dissatisfaction with the trial court’s decision, labeling the order as perverse, one-sided, and based on irrelevant facts. In response to the ED’s concerns, the Delhi High Court has scheduled the next hearing for November 10, 2024. Additional Solicitor General SV Raju was unavailable for the hearing due to commitments at the Supreme Court, leading the court to grant the ED this last chance to present its case.

Kejriwal’s legal representative, Vikram Chaudhari, opposed the ED’s request for another adjournment, pointing out that this marks the ninth such delay sought by the agency. Chaudhari accused the ED of using these adjournments as tactics to prolong judicial proceedings. Despite these objections, the court allowed the ED’s request, underlining the need for a thorough examination of the case.

Kejriwal has publicly criticized the ED’s actions, claiming they amount to a political witch-hunt. He argues that revoking his bail would constitute a severe miscarriage of justice, asserting that the ED’s motivations are politically charged rather than grounded in legitimate legal concerns.

In June 2024, the Delhi High Court had temporarily stayed the trial court’s bail order, noting that the ED had not been afforded a fair opportunity to argue against the bail application. The agency contended that its investigation has the backing of judicial support, which it claims affirms the thoroughness and validity of their inquiry.

Subsequently, on July 12, 2024, the Supreme Court granted Kejriwal interim bail while referring his petition to a larger bench. This bench is set to deliberate on the necessity of arrest under the Prevention of Money Laundering Act (PMLA). As the larger bench has yet to be constituted, the ED indicated that it is not in a hurry to seek cancellation of the bail granted by the Supreme Court.

The ongoing legal battle highlights the complex intersection of politics and law in India, with both sides presenting starkly contrasting narratives regarding the motivations and implications of the case. As the hearing approaches, the focus remains on how the judiciary will navigate these contentious issues.