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Delhi HC Gives ED 'Last and Final' Shot To Challenge Kejriwal's Bail In Liquor Policy Probe

Kejriwal was arrested by the ED on March 21, 2024, in connection with allegations of money laundering tied to the 2021-22 Delhi excise policy. The ED alleges Kejriwal was the "kingpin" in a scheme involving kickbacks from liquor cartels. Kejriwal has denied the charges.

HC Asks ED To Respond To Kejriwal's Plea Challenging Trial Court Order PTI
Summary
  • The Delhi High Court grants the Enforcement Directorate one last opportunity to argue against Arvind Kejriwal’s June 2024 bail in the Delhi excise policy scam case, following nine prior adjournments.

  • Kejriwal’s legal team accuses the ED of deliberate delays, highlighting withdrawn Supreme Court pleas and the lack of concrete evidence tying him to alleged money laundering.

  • The case’s resolution could impact AAP’s momentum and Kejriwal’s role in Delhi’s political landscape, while spotlighting tensions over PMLA’s strict bail norms and their use in politically sensitive investigations.

The Delhi High Court on Tuesday granted the Enforcement Directorate (ED) a "last and final opportunity" to argue its plea seeking cancellation of the bail granted to Aam Aadmi Party (AAP) leader and former Delhi Chief Minister Arvind Kejriwal in the money laundering case linked to the alleged Delhi excise policy scam. The court’s directive came during a hearing addressing the ED’s challenge to the June 20, 2024, bail order issued by the Rouse Avenue District Court.

The bench noted that the ED had sought nine adjournments previously. Senior Advocate Vikram Chaudhri, representing Kejriwal, opposed further delays, stating that similar bail cancellation pleas had been withdrawn before the Supreme Court. Kejriwal was arrested by the ED on March 21, 2024, in connection with allegations of money laundering tied to the 2021-22 Delhi excise policy. The ED alleges Kejriwal was the "kingpin" in a scheme involving kickbacks from liquor cartels. Kejriwal has denied the charges.

The Supreme Court granted Arvind Kejriwal interim bail in May 2024 for election campaigning and regular bail in a related CBI corruption case on September 13, 2024. The ED, represented by Additional Solicitor General S.V. Raju, argues that the trial court’s bail order overlooked evidence and violated Section 45 of the Prevention of Money Laundering Act (PMLA), which requires reasonable grounds to believe the accused is not guilty and unlikely to commit further offenses. The ED secured a temporary stay on the bail in June 2024, citing insufficient opportunity to oppose it.

The court has directed the ED to present its final arguments in the coming weeks.

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