ED acting with bias against Arvind Kejriwal: Delhi court in bail order

The Enforcement Directorate (ED) is acting with bias against Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal in the money laundering case registered against him in connection with the Excise policy matter, a Delhi court observed in its order of June 20 granting bail to Kejriwal..Special Judge Niyay Bindu of the Rouse Avenue Court said that ED has failed to give any direct evidence linking Kejriwal to the proceeds of the crime and has also failed to show that another accused, Vijay Nair, was acting on Kejriwal's behalf."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 observed.It also noted that the ED is silent on certain issues including the fact that Kejriwal was not named by the Central Bureau of Investigation (CBI) in its first information report (FIR) or in the Enforcement Case Information Report (ECIR) registered by the ED. "It is also an admitted fact that the accused has not been summoned by the Court till date, yet he is lying in judicial custody at the instance of ED on the pretext of investigation being still going on," the order said.The Court also said that the allegations against Kejriwal surfaced after statements made by certain co-accused."ED has not shown anything on record that Vijay Nair was acting on the directions of the applicant (Kejirwal). It has also failed to establish that even if Vinod Chauhan has close relationship with Charanpreet, how come the same would establish the guilt of applicant even if the applicant is having acquaintance with both these co-accused," the Court stated..The trial court had on Thursday granted bail to Kejriwal and ordered his release subject to bail bond of ₹1 lakh.Though the order was passed on Thursday, the copy of the same became available only on Friday.The ED has already challenged this order before the Delhi High Court and the matter is slated to be heard today.The High Court today also halted Kejriwal's release from jail for the time being. 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 languish in jail.Supreme Court in May had 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.Subsequently, his regular bail plea on merits was allowed by the trial court prompting the ED to approach the High Court..[Read Order]