ED Moves Delhi HC Against Arvind Kejriwal's Bail : Live Updates From Hearing
The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju. ASG...
The Enforcement Directorate has approached the Delhi High Court against the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal yesterday in the Delhi liquor policy case.
A bench comprising Justice Sudhir Kumar Jain and Justice Ravinder Dudeja has agreed to hear the ED's challenge today itself after an urgent mentioning was made by Additional Solicitor General SV Raju.
ASG SV Raju appeared for ED and mentioned the matter before the court. He prayed that the bail order be stayed.
“There is a matter where I'm moving for urgent stay. The order has not yet been uploaded. Conditions not known. We have not been given full opportunity to oppose the bail application,” he said.
ASG further said that while the law says that the public prosecutor must be given full opportunity to argue, but he was not given such an opportunity and his arguments were curtailed.
Senior Advocates Abhishek Manu Singhvi and Vikram Chaudhari appeared for Kejriwal. Chaudhari said that ED should "gracefully accept" the order.
“Let the file come… I have not passed the final order. The file will come to me in 10-15 minutes. Then you can make detailed arguments,” the bench said while allowing the listing for today.
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Court: Arguments are heard. I am reserving this order for two three days.
Order reserved. Till pronouncement, the operation of the impugned order shall remain stayed.
Court records order.
Court: Issue notice in the petition. The case may be listed before the roster bench.
On stay application, application for grant of stay on the operation of impugned order.
ASG informs court that yesterday, ED's oral request of granting stay on the bail order was rejected
Chaudhari: It is a well reasoned order. Why should it be stayed?
ASG: Stay is granted even by coordinate benches in similar cases.
ASG: Without that finding, you don't get the jurisdiction of granting bail. Bail is granted without jurisdiction.
ASG: There is no finding in order that he is not guilty under section 45 PMLA.
ASG: He tried in SC, didn't get extension. He didn't get it in other court too.
SC said he will surrender on June 2. SC said it can't be considered on merits. My learned friend wants to say that it be considered on merits.
ASG: Despite observations of SC, no extension is granted. Interim relief was only for canvassing in elections.
Chaudhari ends his submissions.
ASG SV Raju begins rejoinder.
Chaudhari: This man, if he is out, albeit on conditions imposed, what is the prejudice? Your lordships are not dealing with some terrorist. He has already been out. He never violated any condition when he was out. Will the earth shake if the Chief Minister of the State is out?
Chaudhari: It's not perversity. It's a view palatable to ED. As per ED, it claims my way or highway.
If a long order is passed, they'll say mini trial. If it's a meaningful order, according to the judge, all relevant aspects are dealt with. What else is required by bail order!