The Enforcement Directorate (ED) on Monday informed the Delhi High Court that although it is not currently seeking the cancellation of bail granted to Aam Aadmi Party (AAP) Chief Arvind Kejriwal in the excise policy case, it strongly objects to the trial court’s order granting the relief.
“We are not insisting on cancellation of bail at this moment, but the order of the trial court is erroneous, perverse, and bad in law,” Additional Solicitor General (ASG) SV Raju told the High Court during the hearing before Justice Ravinder Dudeja.
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Arvind Kejriwal was granted regular bail by vacation judge Niyay Bindu of Rouse Avenue Courts on June 20, 2024. Following ED’s appeal against this decision, the Delhi High Court had stayed the operation of the bail order.
Notably, in May 2024, the Supreme Court had already granted interim bail to Kejriwal till June 01, 2024, in view of the general elections. Later, in July 2024, the apex court referred Kejriwal’s plea challenging his arrest by the ED to a larger bench, which is yet to be constituted.
During Monday’s hearing, ASG Raju asserted that the trial court's order was passed without providing a fair opportunity to the ED. He stated:
“We weren't given a proper opportunity. The judge said the record was voluminous and did not want to go into the matter. That’s not the correct approach.”
However, Senior Advocate Vikram Chaudhari, appearing for Kejriwal, opposed ED’s argument. He contended that since the ED itself has now stated it is not pressing for cancellation of bail, there is no reason to continue proceedings purely for academic purposes.
Chaudhari also objected to Raju’s suggestion of adjourning the case for a few months, awaiting the Supreme Court’s further directions. He submitted that the trial court had passed a well-reasoned order and there was no ground to interfere at this stage.
He argued:
“Once the Supreme Court has granted interim bail, and especially when all other accused are already out on bail, the trial court’s order only aligns with the prevailing judicial stance. There is no purpose in keeping this matter alive.”
ASG Raju, on the other hand, highlighted that the larger bench of the Supreme Court has not yet been formed, and the interim bail can still be recalled or extended depending on the future proceedings before the apex court. Hence, he submitted that ED's plea for cancellation should remain pending until the larger bench gives its view.
“There is a possibility that the larger bench might cancel the interim bail. In that scenario, our challenge to the trial court’s bail order must remain on record,” Raju added.
Kejriwal was initially arrested by the Enforcement Directorate on March 21, 2024. After being granted interim bail by the Supreme Court, the Rouse Avenue court subsequently gave him regular bail, which is now under challenge.
Following the arguments, the Delhi High Court adjourned the matter to July 30, 2024.
Title: ED v. Arvind Kejriwal
