Delhi Court grants bail to Arvind Kejriwal in Excise Policy case

A Delhi court on Thursday granted bail to Delhi Chief Minister Arvind Kejriwal, who was arrested in March in the money laundering case linked to the now-scrapped Delhi excise policy of 2021-22..Vacation Judge Niyay Bindu passed the order after hearing Kejriwal and the Enforcement Directorate (ED) over two days. After the pronouncement of the order this evening, the ED asked whether the signing of the bail bond could be deferred by 48 hours so that agency can challenge the order before the appellate court.However, the judge refused to stay the order. The bail bond is to be produced before the duty judge tomorrow, the trial court added. .Kejriwal was arrested by the ED on March 21 on allegations that he was part of a conspiracy to intentionally leave loopholes in the now-scrapped Delhi Excise Policy for 2021-22, to benefit certain liquor sellers.ED has alleged that kickbacks received from liquor sellers were used to fund the Aam Aadmi Party's (AAP) electoral campaign in Goa and Kejriwal being the National Convenor of the party is both personally and vicariously liable for the offence of money laundering.Kejriwal has denied the allegations and has accused the ED of running an extortion racket.Other AAP leaders arrested in the same case include former Deputy Chief Minister of Delhi, Manish Sisodia and Member of Parliament Sanjay Singh. Singh is currently out on bail though Sisodia continue to remain in jail. .Supreme Court had, in May, granted interim bail to Kejriwal to allow him campaign for the Lok Sabha elections. He returned to jail on June 2 after the interim bail period allowed by the top court came to an end.He had also filed an application seeking interim bail for seven days on medical grounds. However, the same was rejected by trial court on June 5..During the hearing today, Additional Solicitor General (ASG) SV Raju, appearing for ED, opposed the bail plea as well as Kejriwal's claim that there was no money trail or proof to back up the central agency's allegations in the excise policy case."It is not as if ED is doing the investigation in the air. We have concrete evidence," Raju said today, adding that the ED has photos of currency notes which were part of the money given as kickbacks.He further referred to Kejriwal's stay at a seven-star hotel in Goa. The ASG argued that the hotel stay was paid through kickback money.Among other submissions, it was also argued that an adverse inference could be drawn against Kejriwal since he was being secretive about his mobile phone."Adverse inference has to be drawn because Kejriwal has refused to give his password. A lot of skeletons will come out if he gives his phone," the ASG said.He went on to assert that Kejriwal was liable to be prosecuted under the Prevention of Money Laundering Act (PMLA) even if he is not personally involved in any offence."You may not have committed the offence but you are responsible for the affairs of the AAP and if AAP is guilty of an offence then you are guilty of the offence as well. This is as per Section 70 PMLA. Everyone know there is one person responsible for the affairs of the AAP and that is Arvind Kejriwal," ASG Raju said in this regard.Kejriwal was represented by Senior Advocate Vikram Chaudhary who reiterated that the ED's allegations were not backed by any proof."Is ED an independent agency or playing in the hands of some political masters? ... The ED draws all its conclusions based on hypothesis ... If they are still collecting the material, then it is an unending investigation. They say I am national convenor of AAP and that's why I am responsible for everything done by the party. There is nothing to show that ₹45 crore were ever received by AAP. This is all in the realm of speculation, prejudices and beliefs. They are still arresting and evaluating but keep on making a statement that ₹100 crore bribe was received," Chaudhary argued.He further submitted that Kejriwal should be extended the same liberties as any other person.