ED Acting With Bias Against Arvind Kejriwal, No Direct Evidence On Proceeds Of Crime : Delhi Court In Bail Order

While granting bail to Chief Minister Arvind Kejriwal in the excise policy case, a Delhi Court has observed that the Enforcement Directorate (ED) has failed to give any direct evidence against the Chief Minister in respect of the proceeds of crime.

Vacation judge Niyay Bindu of Rouse Avenue Courts observed that since ED believed that the evidence on record was not sufficient to proceed against Kejriwal, it was taking time to procure the same in any manner.

The court also made strong observations on ED's contention in respect of the credibility of the approvers. The ED had argued that "investigation is an art and sometimes one accused is given lollypop of bail and pardon and induced with some assurance to make them tell the story behind the offence".

Court draws inference of bias against ED

“The court has to take a pause to consider this argument which is not a potable submission that investigation is an art because if it is so, then, any person can be implicated and kept behind the bars by artistically procuring the material against him after artistically avoiding/withdrawing exculpatory material from the record. This very scenario constrains the court to draw an inference against the investigating agency that it is not acting without bias,” the court said.

It added that ED should be "prompt and fair" so that it can be perceived that the principles of natural justice are also being followed by the agency.

The court observed that ED is silent on certain issues raised by Kejriwal that he was not named either in CBI case or in the ECIR FIR.

“Secondly, the allegations against the applicant have surfaced after the subsequent statements of certain co- accused. Thirdly, this is also an admitted fact that the accused has not been summoned by the court till date, yet, he is lying in the judicial custody at the instance of ED on the pretext of the investigation being still going on,” the court said.

Furthermore, the judge said that ED has not shown anything on record that co-accused Vijay Nair was acting upon the directions of Kejriwal.

It added that ED has also failed to establish that even if Vinod Chauhan has close relations with Charanpreet Singh, how come the same is going to help ED to establish Kejriwal's guilt even if the Chief Minister is having acquaintance with both of these co-accused.

“ED has also failed to clarify as to how it came to the conclusion that the sum of rupees one crore attached from Vinod Chauhan was the part of the proceeds of the crime. ED is also not clarifying as to how the alleged amount of rupees 40 crores being traced out during the investigation is forming a part of the proceeds of the crime,” the court said.

Quoting the phrase "Justice should not only be done but seen to be done", the judge said:

“If an accused has underwent the atrocities of the system till his innocence is realized, then he could never be able to conceive that "JUSTICE" has actually been done in his favour.”

Observing that on the prima facie basis, Kejriwal's guilt is yet to be established, the court granted him bail.

Notably, the ED today moved the Delhi High Court against the grant of bail to Arvind Kejriwal. The urgent listing was allowed and the matter is now listed before a vacation bench comprising of Justice Sudhir Kumar Jain.

Kejriwal was arrested by the Enforcement Directorate (ED) on March 21. In May, he was granted interim bail by the Supreme Court till June 01 in view of general elections. He surrendered on June 2.

Click here to read the order